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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
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In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
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In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
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In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
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In the News: Indiana House Passes Long Term Care Protections Bill
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In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
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June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
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In the News: Malpractice Lawsuit Yields Largest Award in History
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In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses

PERSONAL INJURY AWARDS CAN BE BASED SOLELY ON PAIN AND SUFFERING

Book that reads personal injury law

If you hire an attorney to help you file a claim in a personal injury case, just how much financial help can you hope to get? The answer is going to depend not only on your medical costs and loss of work time, but also on how your “pain and suffering” is calculated. In the Legal Encyclopedia, author David Berg explains that, even if a claimant has no need for further treatment by either physical doctors or mental health professionals, the negative effects of an accident could entitle him or her to compensation for “pain and suffering”.

The first type of loss you might have suffered is financial.  These are losses you might have suffered as the result of an accident, including bills for doctor’s visits, hospital bills, pharmaceutical costs, physical and occupational therapy sessions, and surgeries, plus the loss of earnings you’ve suffered by being away from work.

But, in addition to all of these physical effects, you may still be experiencing mental pain and suffering, which refers to emotional injury causing fear, insomnia, anxiety, shock, social or sexual dysfunction. But how can the “value” of mental anguish be measured in dollar terms, you wonder? Isn’t every accident (and isn’t every person) different from all the others?

That’s true, and there is no standard way to calculate pain and suffering, explains DMV.org.

Car insurance companies do have two common calculation methods:

  1. Multiplier method:  Multiply the total medical bills related to the car accident injuries by a number from 1 to 5 (depending on the seriousness of the accident).
  2. Per diem method: Gauge all the daily activities you can’t perform due to your injury, and assign a cost to each day multiplied by the number of days your normal routine is likely to be interrupted.

But, as you’ve already intuited, each person experiences pain and suffering differently, and pain and suffering are very difficult to measure. Different states have different limits on pain and suffering.  Indiana, home of Ramey & Hailey, does not cap damages for general pain and suffering. There IS a cap of $700,000 for claims against the state, and a $1.6 Million cap on medical malpractice claims.

Medical malpractice is obviously a highly technical field of the law and must be explored with a qualified medical malpractice lawyer’s help. That is particularly true in claiming pain and suffering compensation.

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