Calvert County, MD Car Accidents: How Much For Pain and Suffering and How to Prove it?
In Calvert County, Maryland, if a person, through no fault of their own, has been injured in an auto accident, the injured victim is entitled to compensation from the driver who is legally responsible for the accident and for the resulting injuries.
In Maryland, “legal responsibility” is determined by the legal doctrine of negligence. To succeed with his or her Maryland auto accident case, the victim must prove the four legal elements of negligence: duty, breach of duty, causation and injury. That is why, when speaking of “legal responsibility,” we must show causation for the accident AND for the resulting injuries. If you have been injured in a Calvert County, Maryland auto accident, contact us here at the Law Office of Robert Castro. We have offices in Waldorf, MD and our number is (301) 870-1200. We are experienced and top-tier Calvert County, MD car accident lawyers.
The driver — or other person — who is legally responsible to pay compensation must recompense for ALL types of damages including medical bills, lost wages, costs to repair/replace damaged vehicles, etc. Another category of damages that must be compensated is called “pain and suffering.” However, unlike many other categories of damages, there is no precise number than can be placed on pain and suffering.
So, how much is pain and suffering worth and how is it proven? Generally, the worth/proof of pain and suffering begins with the medical bills. There is a logical correlation between a medical procedure and the pain being suffered by the victim. In turn, the pain and suffering can be vaguely estimated by the costs involved in the medical procedures involved. A broken leg, for example, might involve $5,000 in medical bills and procedures plus more in physical therapies. On the other hand, surgery to correct and fix the bones in a broken ankle might involve $30,000 in medical fees plus more in post-surgery therapies and medical devices. Surgery is, of course, more involved causing more pain, fear, and anxiety leading up to the surgery and during recovery. This enhanced pain and suffering can be estimated by the higher medical costs. So, the first proof of the value of pain and suffering for a victim is the total of the medical costs and fees. As a reminder, those costs and fees are recoverable as a separate category of damages for a Calvert County, MD auto accident. But those medical bills also provide the foundation for recovery for pain and suffering. This is also one reason that it may take time for an auto accident case to settle. All of the medical bills must be collected and tabulated so that pain and suffering can be estimated.
Other methods of providing pain and suffering involve testimony from the victim and from experts — like the treating physician. Doctors and physicians have “lived experience” with the suffering that injuries and surgeries cause. Photos and video of the injuries, of the scene of the accident and of the damage to the vehicles can also be helpful in proving pain and suffering.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
