Which Factors Impact Your Pain and Suffering Claim in West Virginia?

Some of the damages that you might be eligible to receive after a car accident in West Virginia include aspects that can be easily accounted for, such as lost wages, medical bills, and more. However, what about damages for the physical and mental pain that you have felt following your accident? Pain and suffering damages are extremely personal and perfectly tailored to your case, which is precisely the reason why these claims vary from person to person.

If you have been injured in a West Virginia car accident and you believe that you are eligible for pain and suffering, it is important that you start working with an attorney so that you can protect your rights and ensure that you are receiving the full amount of compensation you deserve. Today, we want to focus on some of the factors that can impact your pain and suffering claim as you endure it.

Persuading the Courts in Your Pain and Suffering Claim

Staying Consistent: Staying consistent through every step of your testimony is imperative to receiving the best results in your case. If you have complained of pain, you want to ensure that you follow through and remember what complaints brought you to your claim in the first place. If you say that your left shoulder has been giving you pain but then claim that it was the right one, you will not be seen as believable in the courtroom. When you have shown that you are inconsistent, the judge or jury in your case will not see you as somebody who is being completely honest with them and might dismiss your claim.

Remaining Credible: Doctors and juries have to believe patients at face value. There is no test that can determine if an accident has actually caused you pain and suffering so, if you say it has, they are inclined to believe you unless you prove differently. You must, therefore, be viewed as credible by the courts. Some aspects that might impact your credibility include whether or not your statements have been consistent if the jury believes that you might be lying, or if you have a previous criminal record.

Being “Likeable”: Likeability also applies to these situations. This is why you never want to be a client who is difficult to like. You don’t want to be picky or negative, or somebody who appears as if they are lying about certain aspects of their claim. If your attorney believes that you might not come off in a negative light based on things you have said or how you carry yourself, they should speak with you about this so that you can work on your demeanor for the courtroom. This will increase your chance of receiving results.

Being Open and Honest: You should have a reason to receive pain and suffering compensation. This means that you should be open about the pain that you are feeling rather than somebody who is close-minded or shy about what they have experienced. If you cannot explain the pain you are feeling on an adequate level, there is a chance that you won’t be able to receive damages.

How a West Virginia Personal Injury Attorney Can Help

You want to ensure that you are compensated for all of your losses and not just some of them, which is why it is imperative to speak with a skilled personal injury attorney about your case. At Katz, Kantor, Stonestreet & Buckner, we have helped many victims of serious West Virginia car accidents and are willing to stand by your side every step of the way to ensure that you receive the compensation you deserve in the midst of your pain and suffering claim. Contact us to find out how we can assist you at (304) 713-2014.


Your Case is Our Priority

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