In legal terms, pain and suffering refer to physical injury and mental stress that results from medical negligence or personal injury. Some damages that may come under this category are aches, temporary/permanent activity limitations, scarring, depression, and potential shortening of life.
Hiring a lawyer for medical negligence is the best way to prove your pain and suffering in court. Your attorney will use different strategies to prove that in your medical negligence compensation. It is crucial to provide your attorney with important documents like medical bills, medical prognosis, records, expert testimony, psychiatric records, and photos of your injuries.
In general, Australian Law refers to pain and suffering as a type of non-economic loss included in the compensation claim. Your attorney will work with healthcare experts to prove your pain and suffering in your medical negligence case. Your lawyer may also work with other experts to calculate the amount of compensation you deserve. Read on!
Proving Pain and Suffering for Financial Compensation
It is crucial to define and understand the “pain and suffering” under the Law. That way, you can accurately prove damages resulting from medical negligence or a personal injury caused by another person. Australian Law defines pain and suffering as a type of noneconomic damage, which include:
- A disruption to your usual standard of living
- Acute and chronic physical injuries or pain
- Mental and emotional distress
- Physical disfigurements and deformities
Hire a professional lawyer and share your complete medical records that support your pain and suffering. Other injuries and chronic side effects also constitute pain and suffering, according to Australian Law. However, it depends on the initial circumstances that led to your pain and suffering.
Do Life-Changing Injuries Qualify as Noneconomic Losses?
According to Australian Law, certain physical injuries that result from medical negligence qualify as noneconomic losses. It means you can get compensation for your pain and suffering, depending on the type or intensity of the injury. These include:
- Injuries to your spinal area that can result in partial or full paralysis
- Limb amputation or deformed limb
- Traumatic head injuries or severe brain damage
- Inability to communicate effectively
- Severe burns over your body
- Loss of eyesight due to injuries
- Loss of reproductive organs or forced infertility
Remember, these injuries can change your lifestyle, standard of living, and ability to work. Consult your attorney and provide him or her with health records that document such injuries.
Your medical record must include detailed information on what led to your injuries that have caused pain and suffering. Besides, your lawyer must also present before the court the time required for recovery.
How to Calculate Losses in Negligence Claim?
All cases of medical negligence or malpractice come with their respective set of circumstances. Working with an experienced attorney is a useful way to value your compensation claim accurately. In Australia, financial compensation falls into the following categories.
- Economic losses due to a short-term or long-term inability to work
- Noneconomic losses such as physical disabilities, pain, and suffering
- Punitive damages due to deliberate or intentional negligence
Your attorney must prove your acute or chronic injuries that occurred due to someone else’s action. Next, he or she must prove your pain and suffering while assigning an accurate value to your condition for compensation.
Proving your pain and suffering is not an easy task. However, with your attorney’s guidance and direction, you need to collect evidence like incident reports, police reports, medical records, bills, and other verifiable documents. That way, you can build a solid case against the person responsible for your pain and suffering – and get the compensation amount you deserve.