Physical Suffering and Mental Pain in Personal Injury Cases

On November 25, 2018, in Personal Injury, by John A. Weber IV, ESQ.

According to the experienced personal injury lawyers in Brooklyn, pain and suffering is one of the most important components of every accident case. Most personal injury accident victims may not be familiar with it. It greatly affects the amount of money you receive as compensation for your accident and the personal injuries you suffered.

What Exactly is Pain and Suffering?

It is actually the pain and other problems you go through due to an accident caused by someone else’s negligence. Experienced personal injury lawyers in Brooklyn take many things into consideration to determine accident victims’ damages, among them, pain and suffering. Examples of damages are as follows:

  • Physical Pain
  • Mental Pain
  • Loss of Income
  • Loss of Earning Capacity
  • Expenditure on Medical Services/Treatment

What is Physical Pain and Suffering?

It is the pain you experience due to the injuries you are suffering because of your accident. In such a scenario, experienced personal injury lawyers in Brooklyn take a number of crucial factors into consideration to determine your physical discomfort. For example:

  • The pain and discomfort your body has already gone through.
  • The pain and discomfort your body is currently enduring.
  • Detrimental effects your injuries may cause in the future.
  • Financial issues you or your family will have to go through because of the medical expenses you pay to heal your body.

 What is Mental Pain and Suffering?

Mental pain and physical suffering is the outcome of an accident victim’s bodily injuries. Such a thing is easily capable of affecting an accident victim’s life negatively in many ways. This is why experienced personal injury lawyers look at many things to determine the way your quality of life could be affected. For example:

  • Mental Anguish
  • Depression
  • Emotional Distress
  • Loss of Enjoyment in Life
  • Fear
  • Anger
  • Humiliation
  • Anxiety
  • Shock
  • Mood Swings
  • Dysfunction of Bodily Organs
  • Lack of Energy

The list doesn’t end here either.

Many personal injury accident victims suffer both physical and mental effects from their injuries. These effects change their life in many ways. If you are one of those facing these problems and want to seek the compensation you think you deserve as a result of someone else’s negligence, we could be the right legal team to depend on.

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Motor vehicle accident

A motor vehicle crash on Long Island proved to be fatal for a man and woman. Both died immediately. At least 5 people were injured in this accident; two of them were children. The kids suffered serious injuries, while the other three victims suffered non-serious injuries.

More Details of Accident:

This accident happened on Sunday at about 1:40 PM. Olvin Jimenez was driving his Toyota Corolla Southbound on Crooked Hill Road in Brentwood. He suddenly lost control of his car and entered the Northbound Lane, colliding with a Toyota RAV4, said the police.

Casualties:

According to the police, Olvin Jimenez and Erica Jimenez-Mejia, both 39, were declared dead at the scene. Erica was Olvin’s front seat passenger.

A two-year-old and ten-year-old were also sitting in the backseat of the Corolla at the time of the accident. Both suffered serious injuries and were rushed to Good Samaritan Hospital Medical Center.

The 21 year old RAV4 driver, and his two passengers, also suffered non-serious injuries in the crash, said police. One of his passengers was 17 years old, while the other was 73 years old. All three of them were rushed to Southside Hospital for treatment.

The police closed the Crooked Hill Road in both directions till 6:00 PM, after the crash. The police also impounded both cars for a safety check.

The police are investigating the crash further.

 

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Municipal Liability for Injuries

An interesting decision came down in September of 2014 involving municipal liability claims.  In Granada v City of White Plains, 2014 NY Slip Op 06053, the Second Department ruled that a municipality is not immune from claims involving “proprietary functions” which are therefore differentiated from governmental functions.  The Plaintiff-decedent was attacked and killed in a parking garage owned by the city.  The Plaintiff rented the parking spot from the city on a monthly basis.  The city had the obligation of providing a minimum level of security in it’s proprietary function as  a commercial property owner.  The city’s function as a commercial property owner has nothing to do with its functions as a governmental body.  Therefore, the city was not entitled to summary judgment based on governmental immunity.

Personal Injury Attorneys

As always, if you have a question involving a possible injury or wrongful death claim, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a litigation attorney today.

Jury Selection for Personal Injury Trial

The jury selection process in Personal Injury cases is very important.  Questioning the potential jurors is a process known as “Voir Dire.”  This may be the single most important process in the whole trial.  Selecting the jurors who will give you the best chance to win your case is invaluable.  For the purpose of simplicity, we will not go deep into preemptive challenges.  I will only say that your opposition is able to eliminate certain jurors from the potential juror pool.  You are also entitled to eliminate jurors who you feel will help your opponent.

Since the burden of proof is on the Plaintiff in a Personal Injury case, the Plaintiff is generally the party who asks the most questions to the potential jurors.  Defendants are given an opportunity to question each juror after the Plaintiff has completed his questioning of that juror.  After each grouping of jurors is questioned by both parties, the Plaintiff and Defendant leave the room and discuss which jurors will be eliminated from the selection process or selected to become a final member of the jury panel.

Personal Injury Attorney in Mineola

Although this is an oversimplification of the jury selection process, the importance of the process cannot be overstated.  You will need an attorney who has a strategy for jury selection that will give you the best chance to end up with a favorable jury panel.  If you are not represented by counsel and have questions about your Personal Injury case, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a Personal Injury Attorney who can help you with jury selection and any other aspect of your litigation.

 

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