Seeking Pain and Suffering Damages Through a Third Party Claim

When you are injured in a workplace accident, workers' compensation is usually the answer for seeking compensation for your medical bills and lost wages. These expenses can become quite high and have a significant impact on your ability to pay your bills and care for your family if you need to pay them out of your own pocket. These are also the only types of compensation you can receive through workers' compensation. But they are not the only damages you can suffer from a workplace accident.

Intangible expenses, like the need for psychological counseling to work through mental and emotional trauma following an accident or your need for mobility aids and other disability devices, are known as pain and suffering damages. If your workplace injury was caused by a third party's negligence, you can file a third party claim to seek compensation to cover these needs. Filing a third party claim is a different process from filing a workers' compensation claim and is best handled by an experienced workplace accident attorney.

Pain and suffering expenses can be more difficult to determine than other types of damages because they do not come with a price tag. Your medical bills and lost wages, for example, do not need to be calculated because they can easily be determined with bills from your healthcare provider and pay stubs from your employer.

As a claimant, you will need to provide proof of your need for this type of compensation. Evidence you may provide to prove your need for pain and suffering compensation can include:

• A bill from your mental health care provider;
• Testimonies from your family and friends;
• Excerpts from a journal detailing your daily pain levels;
• Receipts for the out-of-pocket expenses you have related to your pain and suffering, such as the need for over-the-counter medication, bandages, and public transportation if you are temporarily unable to drive; and
• Photographs of the injury to show the physical need that has created the pain and suffering you are experiencing.

The amount of money you receive for your pain and suffering is largely determined by the amount of money you receive for your tangible damages. Usually, the tangible damages are multiplied by an amount that the insurer feels is appropriate given your level of suffering to reach a compensation amount for your intangible expenses.

Pain and suffering damages are as real and in some cases, can be as expensive, as your medical bills and lost wages. Do not miss out on the opportunity to seek compensation for your pain and suffering losses if you are entitled to do so. Work with one of our skilled San Jose workplace injury attorneys at Corsiglia, McMahon, & Allard, L.L.P. to learn more about your rights as a victim and how you can seek compensation through a third party claim. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

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