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Best Ways to Prove Pain and Suffering

Being seriously injured by someone else’s error can turn your whole world upside down. Suddenly, instead of living your life the way you always have, you have to deal with the pain and trauma of your injuries and the event that caused them. People often think of the physical pain that an injured person experiences. But what about how your physical injuries and the change they’ve caused in your life affect you mentally and emotionally?

how to prove pain and sufferingThe emotional trauma of being seriously injured due to another’s actions is often significant. You’ve had to be as strong to push through the physical pain of your injuries. The actions of the negligent party could be seared into your memory, leaving you to deal with the psychological impact of that experience as it manifests itself in all areas of your life. You may not be able to enjoy the same activities that you used to love doing because of the emotional effect your injuries have had on you. You may not be able to work in the same job you held before you were injured because your injuries have limited your physical mobility or cognitive abilities.

Pain and emotional suffering don’t disappear with the snap of your fingers. You could have to go through extensive therapy just to try to get back to some semblance of normalcy. You can pursue justice for what you’ve had to go through and may continue to grapple with for the foreseeable future. You deserve to be compensated for your pain and suffering by the person who caused it all.

Pursuing Compensation for Your Pain and Suffering

If someone causes you serious injury, you can take legal action against them so you can recover your financial losses. You can also obtain compensation for the psychological and emotional impact that their actions and your injuries have had on you. You must prove that the responsible party’s actions led to your injuries and what your injuries have cost you, both financially and emotionally.

The main part of proving your case so you can obtain full and fair compensation for your injuries is to prove that the other party was negligent. To prove negligence, you need to show that the other party failed to take the reasonable amount of care they should have taken not to harm you, and because of their actions, you suffered injuries. You’ll also have to show that you’ve suffered losses as a result of your injuries. You need to be compensated for those losses.

One of those losses is your pain and suffering.

How to Prove Your Pain and Suffering

While it can be hard to assign a value to the very real physical pain and emotional suffering you’ve experienced, you can provide evidence of it.

Medical Records

medical records pain and sufferingWhen you received medical treatment for your injuries, the medical professionals who treated you documented everything about your injuries. Your symptoms, their examination of you, your diagnoses, and all medical procedures that were done and treatment that was provided are documented in your medical record. While written documentation can’t specifically speak to your personal, emotional, and mental suffering, it can paint a picture of the extent of your injuries and the medical care that was required to promote your recovery. Your medical record could give insight into the pain you’ve been suffering due to your injuries, especially if your injuries were severe.

Continued Treatment

It’s important that you continue receiving treatment for your injuries and follow the treatment plan prescribed by your doctors. This supports your entitlement to compensation because you’ve followed through with the treatment you need to recover from your injuries. By showing that you’ve had to continue receiving treatment for your injuries, you’re further supporting how serious your injuries were. You’re also providing evidence of the day-to-day struggles of dealing with your injuries and how dealing with your injuries long-term has caused you more pain and more emotional suffering.

Expert Testimony

Medical experts could provide written or oral testimony about your injuries. Using their experience, direct knowledge, and expertise, a medical expert can review your medical records and give their professional opinion on your injuries and the effect your injuries are likely to have had on you. A medical expert in the field of psychology or psychiatry may also be able to speak to the psychological and emotional impact of your physical injuries and the negligent party’s actions.

Your Journal

Another element that can be used to prove your pain and suffering is your journal. From the date of the accident, if you can, record in your journal how the accident and your injuries have affected your daily life. Include notes about your mental state, whether you can manage your usual activities, and how your life is different after the accident. Your journal can be convincing contemporaneous evidence for the judge or jury, should your case go to court.

Contact Sampson Law Firm to Help You Get Justice

The Louisville personal injury attorneys of Sampson Law Firm can help you seek compensation for your injuries. Call us today at (502) 584-5050 to schedule a free consultation.


Why Posting on Social Media After an Accident Can Hurt Your Case

After being in an accident that was caused by someone else’s negligent actions, you’re probably in pain from your injuries and in shock from what you’ve experienced. And understandably so. You’ve just gone through a potentially life-altering event and may face the upcoming weeks and months dealing with a difficult recovery from your injuries and mental trauma from the accident. The last thing you’re probably thinking about is what you should and shouldn’t do about your ability to obtain compensation in an insurance claim or lawsuit.

If you weren’t to blame for the accident, you should be compensated for what you’ve suffered and what you may continue to go through for some time. While it may be difficult to consider, it’s important that you protect your right to be compensated by the person who harmed you. You don’t want to inadvertently do anything that can negatively impact the compensation you may be owed.

One thing you should be mindful of after you’ve been injured in an accident is posting on social media.

How Your Social Media Posts Can Compromise Your Claim

social media car accidentYou should try your best to refrain from posting on social media after an accident. Anything you post on social media could be used by insurance companies, defense lawyers, or the party responsible for the accident to state that you were more responsible for the accident than you claimed, your injuries weren’t as severe as you claimed, or to question the veracity and validity of your claim.

For example, if the insurance company finds that you posted something on social media that is contrary to what you stated in your claim, the insurance company may use your post to try to show that your claim wasn’t valid. Or if you claimed to suffer a severe neck injury in the accident, but post a video of you dancing, the responsible party may use that as evidence that your injury was not as severe as you claimed.

Seeking Compensation for Your Injuries

You can pursue compensation for the injuries you sustained in an accident if the accident was entirely or partially caused by the actions of someone else.

After the accident, one of the first things you should do is hire an attorney. An attorney can help you navigate the process of filing a personal injury claim – and if necessary, a lawsuit – to help you potentially obtain compensation for your injuries. Once you hire an attorney, your attorney will investigate the accident to help determine what caused it and your injuries and who was at fault. Determining who injured you and finding evidence that demonstrates that you were harmed in the accident are vital to the validity and strength of your claim or case.

In most cases, you or your lawyer can file a claim with your own insurance company to apply your PIP (personal injury protection) benefits to your accident-related medical expenses.

After that, you and your attorney can turn to the insurance company of the at-fault party. Your lawyer will negotiate with the insurance company for you to get compensation that is equal to the value of your claim. The value of your claim is a total of the objective and intangible losses that you’ve suffered as a result of the accident.

If the insurance company does not agree to compensate you fully and fairly for your injuries, then your attorney may move forward to try to get you the compensation you deserve by filing a lawsuit on your behalf.

Insurance Companies’ Investigation into Your Claim

To understand how your social media posts can hurt your personal injury claim for compensation, it’s helpful to know the true purpose of insurance companies and the tactics they may use to deny you fair compensation for your injuries.

car insurance investigationInsurance companies care about their profits and their bottom lines. It’s profits that drive insurance companies when they are handling claims. Their objective is to reduce the amount of money they have to pay out in claims while holding onto as much profit as possible.

So, when insurance companies investigate accidents after receiving claims for injuries their policyholders have caused, their goal is to limit their financial liability. They want to pay you the least amount of compensation possible. Insurance adjusters (insurance company employees who handle accident investigations and claims) will try to find evidence that they can use to either deny your claim or reduce your compensation.

Kentucky is a pure comparative fault state, meaning that your compensation is reduced by the percentage of fault you had in the accident. Insurance adjusters seek to find evidence that you were more responsible for the accident to reduce how much they may have to pay you or to claim that you aren’t owed compensation at all. This is why they will be reviewing all your social media accounts. They’ll try to find anything they can use to reduce the value of your claim.

Call the Personal Injury Lawyers at Sampson Law Firm for Help With Your Claim or Case

If you were injured in an accident that wasn’t your fault, contact the Louisville personal injury lawyers at Sampson Law Firm for help pursuing compensation that you may be entitled to. Call us today at (502) 584-5050 or contact us online for a free consultation.


Construction worker dies in workplace accident

A West Virginia resident and construction worker Michael Perschitti, 47, lost his life on Friday, January 13 around 11 a.m. at the construction site of the new University of Kentucky Student Center on the Avenue of Champions in Louisville, Kentucky.

Perschitti was involved in an accident at the construction site and died as a result of multiple blunt force trauma following the accident. Perschitti was employed by Lexington-based Kalkreuth Roofing and Sheet Metal, a press release stated. In a statement issued by UK Police Chief Joe Monroe the same day, he said, “UK Police currently has an open investigation into the incident that appears to have been an accident. We are conducting interviews of individuals who were on the roof with the worker in addition to working with the Fayette County Coroner’s Office.”

The Sampson Law Firm knows how painful construction accidents can be for families, especially those who lose a loved one. Our thoughts are with the family of the victim as they recover from their loss.


Supreme Court favors woman who sues Louisville hospital

Nearly a quarter of a decade ago, Wanda Johnson was the victim of a truck accident and faced traumatic injuries to her spine, pelvis, and brain. She was initially hospitalized in Louisville, Kentucky and after a month was moved to another hospital to continue her treatment.

Her condition upon arrival began to deteriorate and she filed a lawsuit against the original hospital for damages in accordance with the Emergency Medical Treatment and Active Labor Act when the first hospital apparently didn’t use the proper screening procedures before transferring her to another facility.

When she lost the summary judgment and then was rejected by the Court of Appeals, she made an appeal to the Supreme Court of the United Sates. The ruling was that the EMTALA provision does not require a showing of improper motive on the part of the medical facility for the plaintiff to be able to sue it; it does not demand an “appropriate stabilization, nor can it be reasonably read to require an improper motive.”

If you had been in an accident and then were further hurt by the medical staff that you in Louisville or other areas in Kentucky, you have found the legal defenders who are willing and able to take on these purveyors of unnecessary and inconvenient plight. Contact one of our attorneys at Sampson Law Firm today by calling (502) 584-5050.


GOP seeks to investigate assertions that NFL tried to influence concussion study

On Thursday, September 15, Republicans in the House of Representatives called for an independent review of claims that the National Football League tried to sway a study showing a link between football and brain disease.

In a statement, the NFL maintained they sought nothing but the truth regarding the study, saying: “The NFL has never wavered in its commitment to advance the science and understanding of concussions and traumatic brain injuries.” Representative Frank Pallone (D-N.J.) started the investigation after sports cable company ESPN reported in December 2015 that the NFL planned to donate $30 million to the NIH [National Institute of Health] for brain research. However, the NFL decided not to go through with the donation after the institute took a $16 million grant from Boston University researcher Robert Stern. The NFL said in its statement on Thursday that its $30 million commitment “was never in doubt.”

Pursuing financial compensation from someone responsible for causing you serious injuries can be taxing. If you need help with the compensation process in Louisville, seek the help of our attorneys at the Sampson Law Firm by calling our offices today at (502) 584-5050.


Ex-Murray State University football player Clay Harrison sues NCAA

Murray State University’s  former football player James “Clay” Harrison filed a class action lawsuit against the Ohio Valley Conference and the National Collegiate Athletic Association on Thursday, September 1.

According to the lawsuit, Harrison was often knocked unconscious during his playing days at Murray State, which caused him to suffer from multiple head traumas, sudden blackouts, and intense headaches. The University is protected under the law, so it is not named as a defendant. According to Murray State’s news source, The News, 25 other cases have been filed since September 1. Although the cases could take years to resolve, they could permanently alter the face of the game.

Our attorneys at Sampson Law Firm provide legal services to clients in Louisville and other areas of Kentucky, and we handle personal injury accident cases such as traumatic brain and spinal cord injuries and medical malpractice suits, among others. Call our offices today at (502) 584-5050 to discuss your case and talk about your options.


New Cut Road motorcycle-pickup truck collision kills one

An individual lost his life during a motorcycle-pickup truck collision that occurred along New Cut Road in Louisville, Kentucky last Tuesday, July 26.

The victim was identified as 29-year-old Jeffersonville resident Jonathan Martin. According to preliminary investigations, Martin was riding his motorcycle down the road when it collided with a pickup truck that was pulling a trailer. A woman who was riding with Martin on the motorcycle sustained critical injuries during the crash. She and Martin were not wearing helmets at the time of the incident. The driver of the pickup truck, on the other hand, did not sustain any injuries.

The attorneys at the Sampson Law Firm see the terrible aftermath of personal injury accidents and know how difficult it can be for families to recover from them. Our thoughts and condolences are with the friends and family of the victim in this accident as they mourn the loss of their loved one.


Jefferson County Public Schools pay $1.75M after student’s legs are broken

Jefferson Public County Schools in Kentucky decided to pay $1.75 million to the family of a 16-year-old boy who sustained two fractured legs after a teaching assistant physically restrained him.

The boy incurred two fractured femurs in November 2014 at the Binet School in Louisville, which caters to children with disabilities. The student in question is autistic, and the injuries he received could have been life-threatening. According to an investigation by the Courier-Journal under open records law, the boy required a blood transfusion because of blood loss due to the injury and was held at the intensive care unit of Kosair Children’s Hospital. JCPS spokeswoman Jennfier Brislin said that even though no lawsuit has been lodged against any party, the JCPS resolved the matter within the past two weeks.

The attorneys at Sampson Law Firm provide legal services to clients in Louisville and focus primarily on personal injury cases. Call our offices at (502) 584-5050 to discuss your legal options and learn how we could help you hold negligent parties responsible.


Contributory Negligence vs. Comparative Negligence

One thing that almost no one knows about regarding personal injury claims is that certain states follow rules that place the injured party at a serious disadvantage when he or she decides to pursue compensation for his or her injuries. If you have been injured in an accident, the amount of your financial restitution will depend on whether the state in which you file your case follows a contributory negligence or comparative negligence standard.

In states where the comparative negligence standard is enforced, a jury will examine the circumstances of an accident to determine whether both parties took part in causing the accident and, if so, exactly how much responsibility each party bears. The judge will then determine what amount of compensation is owed based on the division of accountability. This standard allows injured parties to recover compensation even in situations where their actions contributed in some small way to the accident.

However, in states that enforce the contributory negligence standard, the injured party who is found to have contributed to the accident in any way will lose any chance of being awarded any financial compensation. Only five states follow this standard: Alabama, the District of Columbia, Maryland, North Carolina and Virginia.

Call our attorneys at the Sampson Law Firm in Louisville today at (502) 584-5050 to schedule an appointment if you wish to seek compensation for any injuries you sustained as a result of someone else’s negligence.


Kentucky Kingdom defends against injury allegations

Management of Louisville-based amusement park Kentucky Kingdom recently contended that the two personal injury lawsuits filed separately by Felicia Evans and Brandon McLellan against the park were false and are simply an attempt to extort the company, The Courier-Journal reported on October 22.

Kentucky Kingdom’s chief investor Ed Hart made known to the public a signed affidavit from a friend of the plaintiff which claimed that Evans intended to purposefully get injured in order to receive money. In her lawsuit, Evans alleged that she struck her head on the park’s Voodoo Express water slide ride due to the ride’s lack of stability, and now she is experiencing seizures. Hart, however, claimed the two plaintiffs did not follow the park rules and went down the slide together without listening to the lifeguards present.

Evans’ legal counsel said since they filed the lawsuit, his legal office has gotten calls from at least five people who said they were also hurt while using the Kentucky Kingdom rides.

If you were hurt in a personal injury accident in Louisville, you can ask help from our attorneys at the Sampson Law Firm to pursue financial compensation from those responsible for your plight. Call our offices today at (502) 584-5050 to learn more.