Episode 97: Calloway County injury attorney Jeff Roberts explains issues related to filing a claim for pain and suffering. These differ from emotional distress and PTSD claims. However, they are often important factors in automobile accidents.
Pain and Suffering in an Injury Claim
When you’re injured in a motor vehicle collision, there may be a number of damages involved. These could include past and future lost wages, past medical expenses and future medical expenses, and others. These are fairly straight-forward.
Pain and suffering relates to how the injuries impact you. Most of the time, you seek medical care because you are experiencing some type of pain. That pain often can result in a loss of the enjoyment of life. People can generally relate to someone who is experiencing pain. Suffering is a bit different. This is used to describe how the pain or injury is going to affect the individual over the long-term. Again, this relates to the loss of the enjoyment of life.
For instance, a knee injury might cause you to walk with a limp for years to come. Suffering could also be related to the gash or scar on your leg that you will now cause you to feel self-conscious when you wear shorts. This is similar to the examples described in Jeff’s episode about dog bite injuries. The suffering can far outlast the pain from the injury, itself. There’s also the aspect of not being able to perform the activities you could before the injury. This is often the case in an injury resulting in a limited range of motion or strength. Interestingly, suffering could also be a result of the individual’s inability to provide an income for their family.
What is an Emotional Distress Claim?
Emotional distress is different from pain and suffering, in Jeff’s opinion. He differentiates it as something the individual may have witnessed. For instance, imagine if you and your spouse (or child) are hit by a negligent driver at an intersection. It’s possible the husband wasn’t injured, but he witnessed his wife incurring significant injuries and the pain she was in while waiting for first responders to arrive.
Jeff clarifies that both individuals may have sustained injuries and could have pain and suffering claims, while there could also be a claim for emotional distress claim, for one or both of them.
Placing a Value on an Emotional Distress Claim
Quantifying the value is not a cut-and-dry as you would with a medical bill. There are multiple ways to place a value on an emotional distress claim. An attorney may also decide to use different methods for establishing the value, based on where the case is being negotiated or litigated. Jeff begins formulating his strategy, even before the lawsuit is actually filed. This enables him to ask specific questions during depositions of doctors and other experts.
Jeff has litigated injury claims for over 32 years. His experience can play a significant role in how he prepares your case for trial, or to achieve a settlement before it gets to trial. He also has a recognized reputation for being willing to ultimately take cases to trial, which the insurance companies and their attorneys understand.
Handling PTSD Claims
Post-Traumatic Stress Disorder (PTSD) can occur from an automobile accident. Jeff notes this is often something that affects children who were involved in car wrecks. However, it definitely affects adults, as well.
The attorney needs to explore and identify the various ways the accident has affected his client. Many people may not realize the nightmares and other symptoms could be related to PTSD. Mental health counseling or therapy can be extremely beneficial. PTSD negatively affects your quality of life.
While Jeff is not a psychologist, he is familiar with the distress occurring within 90 days of the accident being considered acute stress disorder. Generally speaking, it may be considered post-traumatic stress disorder if the symptoms last beyond that 90-day window. However, mental health counseling or therapy may be effective at preventing it from lasting that long.
To file a claim for PTSD, Jeff prefers to have the disorder officially diagnosed by a psychiatrist or psychologist. The mental health professional may also provide expert testimony during the trial. At the minimum, Jeff may have them write a report detailing their findings and to explain how the individual is being impacted by PTSD, resulting from the automobile accident.
Jeff Roberts has worked with many clients who were involved in car wrecks and other types of personal injury clients. His experience enables him to look for various claims that might apply to each case, which is important when there’s potential for filing an emotional distress claim. Not every case involves each of these claims, but it’s important your attorney not overlook the possibility.
We hope you found this episode insightful and helpful. Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Car Wreck Case?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
