Pain and Suffering
Doug Goyen is an auto accident lawyer in Plano who has handled thousands of personal injury cases and recovered millions of dollars in settlements and judgments. If you are needing a pain and suffering lawyer in Plano, the Law Office of Doug Goyen’s experience, expertise, and desire for justice give our firm the perspective required to present cases to insurers in the most effective manner for the best representation of his injury clients. Call us at (972) 599 4100.
Unfortunately, the losses you suffer as a result of an accident can extend beyond the cost of medical bills and lost work time. After an injury, you may also experience discomfort and pain. You have the right to be compensated for your pain and suffering under Texas law. When someone causes you harm, that person is obligated to compensate you in order to make you whole. This means that the person who injured you is obligated to compensate you so that you do not suffer financial losses as a result of the accident.
When you have been injured, an experienced attorney at the Law Office of Doug Goyen can take legal action on your behalf and seek the pain and suffering compensation that you are entitled to. Call or email us today to schedule a free consultation to learn more about how we can assist you with your case.
Compensation for pain and suffering may be included in a settlement with the insurance company of the person or company who injured you. If your case goes to trial, pain and suffering may be included in the damages awarded to you by a judge or jury.
It is critical that you have a qualified and experienced personal injury attorney on your side. Your lawyer can assist you in proving the extent of your pain in order to obtain a fair settlement or verdict.
Your lawyer will also ensure that your rights are protected. As a result, you should never sign anything or enter into any agreements with the person who injured you or his insurance company before consulting with a lawyer.
Our experienced injury lawyers at the Law Office of Doug Goyen have dedicated our careers to assisting injured clients in obtaining the maximum compensation allowed by Texas law following an accident. If you are in need of a pain and suffering lawyer in Plano, our office has obtained settlements totaling millions of dollars on behalf of our clients. We can use our legal experience to help you get the most money for your pain and suffering and other losses after an accident or injury. We serve clients in Plano and throughout Texas. Call us today or fill out our online form to schedule a free case review. We can begin working on your case right away.
To prove pain and suffering, the evidence must be introduced of a) the severity of the injury, b) the appearance of the injury at the scene of the accident, c) how painful and frightening the ER treatment was, d) fear of death, e) pain – loss of sight after surgery, and f) loss of self-esteem causing reclusiveness was sufficient to award compensation for physical pain / mental anguish. Evidence of future pain and suffering may suffice if it shows that the person is still in pain at the time of testimony.
Some of the most powerful witnesses in personal injury cases are what we call “lay witnesses.” Lay witnesses include non-experts such as friends, family, neighbors, and coworkers. They are not experts, but rather bystanders who witnessed the injured person in some way. The testimony of a lay witness about physical pain and suffering is extremely valuable to a personal injury lawyer. Friends, family, and neighbors can all testify and provide factual observations about the physical condition they saw firsthand. They may be able to testify about differences they noticed before and after the injury. Even if they are unable to feel the pain, these witnesses can testify about what they saw and the change in behavior of the injured party prior to the injury, and compare it to how it is now after the injury. This shows that the plaintiff is not simply claiming that they were in pain as a result of the injury; other people have observed the negative effects the pain has had on the injured person’s life… Examples include the injured person’s inability to play with their children due to pain, their inability to interact with their spouse due to pain, and their inability to participate in certain activities with friends that they previously enjoyed, such as sports or a hobby of some sort that they previously enjoyed participating in prior to the pain of the injury.
Plaintiffs are able to show injured parts of their bodies, such as a swollen ankle or another visible part of the body. Photographs of the injury can be used as evidence. The plaintiff, as well as their doctor or others involved in treating or witnessing the effects of the injury, are all permitted to testify.
To establish damages for pain and suffering, some types of injuries do not require testimony about how painful the injury was. In any case, the suffering person’s testimony is subjective evidence – they “say” they are hurting and how bad the pain is. This is admissible evidence that supports a pain and suffering award, but it also leaves the door open for a defense lawyer to argue to the jury that the plaintiffs are exaggerating their complaints in order to obtain a larger award.
In the following cases, Texas courts ruled that the objective evidence of the injury suffered was sufficient to support an award of pain and suffering. In other words, it is obvious that the following types of injuries caused pain, and no one has to tell anyone that it was painful, so a monetary award for pain and suffering is justified:
Skull and facial fractures (accompanied by spinal fluid dripping from the nose) (Robinson, 755 S.W.2d at 893); organic brain syndrome and nerve damage (Cornelison, 777 S.W.2d at 545); severe electrical burns (Loyd Elec. Co., 767 S.W.2d at 484); broken hip (Johnson, 771 S.W.2d at 587); linear fracture of the foot (Fuller, 468 S.W.2d at 178); cut (Porter, 736 S.W.2d at 205); lacerations, tendinitis, and torn muscles requiring surgery (Crowe v. Gulf Packing Co., 716 S.W.2d 623, 624 (Tex.App. Corpus Christi 1986, no writ)); reverse curvature of the spine, concussion, and lumbar sprains (Del Carmen Alarcon v. Circe, 704 S.W.2d 520, 521 (Tex.App. Corpus Christi 1986, no writ)); and broken ankle requiring full cast (Fuller, 468 S.W.2d at 178).
Car accidents can have far-reaching consequences for people that go beyond physical injuries. The pain and impact on a person’s daily activities can be devastating at times. It is critical to find an attorney who can prove pain and suffering and who can convey to an insurance adjuster and a jury that your injuries have caused more than just the type of injury you had; they have also caused daily pain, difficulties in your personal relationships, sensory sensitivity, or a loss of self-worth due to your inability to do your job in the same way. Our Plano auto accident attorneys at the Law Office of Doug Goyen can investigate all aspects of how car accident injuries have affected your life in order to provide a convincing account to insurers and the court.
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