Permanent Injuries Result in Lifelong Pain and Suffering
After permanent injuries resulting from trauma, a person’s normal life changes in an instant. When trauma survivors experience physical limitations due to pain after an accident, they can undergo mental anguish as a result of the physical pain and suffering. Thus, they must receive maximum compensation for pain and suffering.
When a person sustains permanent injuries, they must pursue litigation against those responsible for their pain and suffering. The Florida Statute of Limitations dictates this must be done quickly. The basis for this article rests in the explanation of how permanent injury results in lifelong pain and suffering for those who become victims of accidents.
How do I choose the best Florida Personal Injury attorney for my case?
Ask questions, gain an understanding of what the law firm is all about. Do they see clients as dollar signs (red flag!)? Do they see each client as unique and someone whose quality of life is important to them? To a lawyer with experience, an expert, these are not questions they’re unfamiliar with.
On the contrary, they will be happy to answer any questions about their Firm honestly. These are normal questions attorneys encourage potential clients to ask. Answers to these questions establish trust and credibility between lawyer and client. (We discuss credibility further along in this article.) Trust between attorney and client ensure the case will result in success, no matter if it’s through settlement or verdict.
Asking the right questions during consultation
It’s best to the following questions during initial consultation:
- “How many cases have you won recently?”
- “How many trials are you seeing cases to on a regular basis?”
- “What was your most recent verdict/settlement amount?”
- “Do you see cases of permanent injuries often?”
- “May I see the results page on your website for myself?”
What happens after an accident resulting in permanent injuries?
Unfortunately, permanent injuries change a victim’s life forever (and not for the better). Any pain and suffering from the physical changes they must come to terms with cause undue stress and feelings of isolation. One second, a person is active and healthy, the next, they require a Life Care Plan. These changes pose both physical and mental trauma when they occur suddenly, and the result is a drastic loss of quality of life.
What is the definition of mental anguish in Personal Injury law?
Below, we establish the legal definition of mental anguish. Mental anguish is an umbrella term for the following symptoms. All of the following can affect a person post-accident at any time, and there is no timeline for when a person may experience any of the following.
- The pain of “pain and suffering”
- The suffering of “pain and suffering”
- Mental distress as a result of physical impairments
All Law defines mental anguish as follows:
[…]Mental anguish is an element of non-economic damages usually sought in personal injury cases, medical malpractice and sometimes defamation cases. Generally, “mental anguish” translates to certain types of suffering that may include distress, anxiety, fright, depression, grief, or trauma.
How do permanent injuries contribute to harming a person’s mental state?
So, what constitutes mental anguish? Let’s look at the following list of what Personal Injury lawyers agree causes mental anguish:
- Distress. Awakening from surgery to limb amputation, or burns causing severe pain, are traumatic. These are two examples of injuries that cause extreme mental and physical anguish as a result of physical bodily changes.
- Anxiety. Anxiousness that causes panic attacks when a victim thinks of life with permanent injury. When one’s physical state undergoes changes, they undergo undue pain and suffering.
- Fearfulness. Fear an accident may occur again can leave the victim with mental anguish. Worrying about sustaining injuries again causes PTSD.
- Depression. Following accidents that leave a person with permanent injury, depression is something that delays the recovery process. Depression is not the fault of the party with injuries! It’s a symptom that occurs when another person acts recklessly, resulting in harm to another. Those who sustain permanent injuries suffer from long term depression. Feelings of hopelessness, and fear of the future both contribute to further stress. Questions of “what can I do now?” and “will I ever walk again?” are common.
How do permanent injuries affect a person’s quality of life?
Now, we’ll further explain how permanent injury has an affect on quality of life. After an accident such as TBI, spinal cord injury, or amputation the resulting permanent, debilitating, and painful outcome is catastrophic in nature. Next, we define the term “catastrophic injury” below.
Wikipedia defines Catastrophic Injury:
[…]A catastrophic injury is a severe injury to the spine, spinal cord, or brain, and may also include skull or spinal fractures. This is a subset of the definition for the legal term catastrophic injury, which is based on the definition used by the American Medical Association.
What type of accidents cause the most injuries?
- Auto accidents. These head injuries may range from concussions to severe skull fractures, brain hemorrhaging, stroke, and coma. Post concussion syndrome may also last for an extensive period of time. Some symptoms are permanent. Every brain injury results in some form of permanent damage to the victim.
- Falls and workplace injuries. Falls from several stories up or more cause severe spinal cord injuries, fractures, and sometimes paralysis which is permanent. Becoming wheelchair bound suddenly due to the recklessness of another person poses both physical and mental trauma. Victims of spinal cord injury often require extensive surgery with painful outcomes.
Which injuries result in permanent impairment?
There are several other injuries contributing to permanent pain and suffering.
- Burn accidents resulting in permanent scarring and disfiguration.
- Motorcycle accidents of which the result is permanent brain injury.
- Gunshot wounds due to Negligent Security accidents. Gunshot injuries may cause permanent injuries such as paralysis or in the worst cases, wrongful death. The latter leaves a family with permanent mental anguish.
The best attorneys always place the person before the profit
Credibility is an expert lawyer’s most important trait. Litigating cases, understanding the law, and successful results matter, but it’s acting credibly that ultimately ties the other traits together. This is why when it comes to settlements and verdicts, maximum compensation goes to cases with credible attorneys and honest clients. Telling the truth guarantees a favorable outcome and success for the Firm. Lying on either client or attorney’s part can kill the case.
In conclusion, there is no amount of money that fully restores lost quality of life when the injury is permanent. After severe injury, a client experiences a massive life change. However, expert lawyers do their absolute best to litigate these cases fairly and to the best of their ability. There is a high level of ethical, moral, and empathetic expectation which presents itself when the case is one of extreme or catastrophic nature. This means top lawyers fight for what the client deserves, and will never walk away with a penny less.