Tuesday, 5 April 2022

Non-Economic Damages: Pain and Suffering

After suffering a devastating injury, healing is the goal. But there is more to recovery than meets than eye. Even after the doctor has deemed an accident victim fit to resume normal physical function, they may continue to struggle. Emotional and mental trauma can be just as debilitating as physical pain – and while compensation isn’t a cure, it can help to ease future financial burdens.

What Is Pain and Suffering?

In addition to physical pain, the legal term “pain and suffering” includes the following:

  • Insomnia
  • Anxiety
  • Depression
  • Grief
  • Fear
  • Mood swings
  • Loss of quality/enjoyment of life
  • Loss of companionship
  • Damage to reputation
  • Lack of energy, appetite or sexual function
  • Post-traumatic stress disorder (PTSD)

How Do You Prove Pain and Suffering?

Because of the intangible nature of emotional and mental distress, proving pain and suffering can be difficult. An experienced personal injury attorney can help, using the following resources as evidence for your claim:

  • Witness testimony (friends, family, co-workers, medical professionals, etc.)
  • Daily progress logs or journal entries
  • Post-injury prescriptions (for pain, insomnia, depression, etc.)
  • Proof of treatment by mental health professional/therapist

How Are Damages Determined?

Because pain and suffering damages are considered “non-economic,” there is no exact equation to calculate an amount. Insurance companies typically rely on one of two methods: the Multiplier Method (multiplies amount of economic damages by a number between 1 and 5) and the Per Diem Method (multiplies a daily amount by the number of days needed to recover).

If the insurance company offered you an amount that seems unfair, West Law Firm can help. Trust our personal injury attorneys to fight for the compensation you deserve, considering a variety of factors to determine a reasonable settlement. During your free consultation, we’ll ask about the following:

  • Length of recovery 
  • Severity of injury and pain
  • Overall health before and after your injury
  • Physical limitations caused by injury that impact daily life (work, hobbies, relationships, etc.)
  • Age

Trust Your Local Personal Injury Attorneys

Conveniently located in Moncks Corner, SC, West Law Firm is proud to serve injury victims throughout Berkeley County and beyond. If you are experiencing pain and suffering after an accident, do not hesitate to get in touch.

Our personal injury lawyers can help determine a fair amount of compensation – and fight to get you the damages you deserve. We understand that the scars left behind from an accident are not always visible, and we will offer the support and legal advice you need as you walk through trying times.

To learn more or to schedule your free consultation, contact West Law Firm today! Call 843-761-5626 or click here.



from Welcome to the West Law Firm, P.A. located in Moncks Corner, SC. We have been serving the lowcountry since 1945 as a family run law firm. Give us a call! https://westlawfirmsc.com/non-economic-damages-pain-and-suffering/
via https://westlawfirmsc.com

Best Case Scenario: 6 Things That Impact Your Criminal Defense Case

Criminal charges are serious, with a potential conviction putting your future on the line. Due to the gravity of the situation, it is incredibly important to have the right team in place. A determined, experienced criminal defense attorney will position your case to achieve the best possible outcome. 

The following aspects play a major role in building a strong case: 

1. Investigation & evidence
To supplement the evidence gathered by the police, your criminal defense attorney will likely launch a thorough investigation of their own. This may involve conducting witness interviews, reviewing accident reports and consulting experts.

2. Compelling case narrative
While the prosecution is focused on convincing the jury that you are guilty “beyond a reasonable doubt,” your criminal defense attorney’s job is to present your side of the story. This case narrative details your defense and casts doubt that you have indeed committed a crime.

3. Understanding of criminal law & court procedures
Not every lawyer is equipped to handle a criminal law case. It is crucial to entrust your case – and your future – to an experienced attorney with a deep knowledge of case law. This not only gives you an advantage in the courtroom but ensures your attorney can explain what to expect as your trial unfolds.

4. Negotiation skills
Keep in mind that the majority of cases do not go to trial. Your attorney, during the discovery phase, may be able to negotiate a dismissal or get your charge reduced to a less serious crime. That is where finely-honed negotiation tactics come into play!

5. Criminal history
Having a clean record increases the odds that your charges may be reduced. On the other hand, repeat offenders often receive stronger sentences/penalties.

6. Community ties
Hiring a hometown criminal defense attorney ensures their familiarity with local court rules – and more often than not, a familiarity with local judges and the district attorney too. This can work in your favor if a particular judge has a reputation for ruling a certain way on certain cases, for instance.

Here at West Law Firm, our criminal defense team has built a reputation for results. If you have been charged with a crime, trust our defense attorneys to fight for you – whether your case goes to trial or is settled outside of the courtroom.

To learn more about our criminal defense approach or to schedule your free consultation at our Moncks Corner, SC office, get in touch today! Call 843-761-5626 or click here!



from Welcome to the West Law Firm, P.A. located in Moncks Corner, SC. We have been serving the lowcountry since 1945 as a family run law firm. Give us a call! https://westlawfirmsc.com/best-case-scenario-6-things-that-impact-your-criminal-defense-case/
via https://westlawfirmsc.com