Some of the Factors Considered in a Pain and Suffering Claim

Rick Jaklitsch
2 min readOct 3, 2020

For over three decades, Rick Jaklitsch has been practicing law in Maryland, handling nothing other than personal injury cases. He has accumulated various national distinctions and awards from institutions such as The National Trial Lawyers Association and the American Trial Lawyers Association. As a personal injury attorney, Rick Jaklitsch works with clients to support them through the unique nature of their claim, which can include a pain and suffering settlement far beyond just medical expenses.

When considering pain and suffering settlements, courts examine the seriousness of the injury in question, and the effect on the individual’s life. Often, this means that more easily recognizable injuries are also more likely to result in compensation. The length of recovery is also a factor, and insurance companies can use a short recovery time to argue that pain and suffering were minimized.

Additionally, the court can consider how long an injury prevented you from returning to your normal activity levels, and how the injury affected personal relationships. Claim investigators can go as far as to examine your social media pages for any clues about the severity of your pain and suffering and talk to your neighbors and friends about your activities to establish a credible basis for the claim.

As a plaintiff, you can increase your odds of receiving compensation for pain and suffering claims in several ways. Whenever possible, use your medical records to support your claims for pain and suffering, as well as emotional distress. Additionally, taking photographs of your injuries and the circumstances that caused them can help you make a stronger case. And, statements from witnesses that can testify to the severity of the incident that led to your injuries or its consequences can also be useful, as well as co-workers and friends who can discuss your loss of enjoyment of life.

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Rick Jaklitsch
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As the owner of the Jaklitsch Law Group, Rick Jaklitsch provides comprehensive representation for those injured in car and truck accidents.