What Is Pain And Suffering In A Legal Case? Everything You Need To Know

Summertime in Wisconsin is perfect for enjoying time on the water. Whether you are setting sail on a family-friendly pontoon, fishing boat, or old canoe, a day on the lake just can’t be beaten.

However, there are safety risks involved with boating. Speeding, negligence, drinking, and inexperience are all common causes of boating accidents in Wisconsin. In this post, we want to share a few tips to help you stay safe on the water this summer.

How to Stay Safe While Boating in Wisconsin

Wearing a life jacket - According to the U.S. Coast Guard, 80% of boating accident deaths could be avoided by wearing life jackets. When a boating accident occurs, you have limited time to stretch and get your stowed life jackets. Therefore, it is advisable to ensure that you and everyone on board has a life jacket while boating.
Avoid drinking alcohol - Alcohol consumption while boating is illegal and endangers the lives of everyone on board. Remember that intoxicated swimmers and passengers are also more likely to drown.
Be weather-wise - Whether you are operating a boat during the summer, spring or fall season, always consider carrying a radio and watching out for the weather. Sometimes, wind shifts and choppy water can be telltale signs of a brewing storm. Get to shore as soon as you realize the weather is about to change.
Don’t overload the boat - It’s essential to follow your boat’s load limit restrictions. Overloading your boat can make it unstable and surge the risk of swamping or capsizing.
Ensure all operators are trained - Human error is a leading cause of boating accidents. Therefore, it is essential to ensure that all operators can effectively navigate and operate the boat. You can do this by ensuring boating operators take a boating safety course that includes reading the weather, boat handling, and navigation.
Maintain a safe speed - Like on the road, you can face penalties or fines for overspeeding on the water. Since there are no lanes on water and different water vessels zig-zag everywhere, it can be challenging for speeding boats to avoid collisions. Therefore, it is essential to ensure you excess caution and obey the speed limits.

What Should You Do After a Boating Accident?

After a boating accident, you should ensure that everyone on board is safe. If there are injuries, loss of life, property damage in excess of $2,000 or the total loss of a boat, you are required to report the incident to law enforcement without delay.

As with other accidents, it is essential to gather evidence immediately. You need to collect police reports, witness testimonies, videos, and photos of the scene. A Milwaukee boating accident attorney will help you gather the evidence you need to establish a strong case against the party at fault.

Contact a Milwaukee Boating Accident Attorney

At Natasha Misra Law, we are ready to help you get the compensation you need to move forward after a boat accident. Contact us today to schedule a consultation and learn more about how we can assist in strengthening your case.

If you’re looking for a Milwaukee personal injury attorney due to a recent accident, car wreck, dog bite, or any other type of injury, you may have heard the term “pain and suffering” used to describe a certain type of legal damages that you can recover from the responsible party.

But what does this term actually mean in a legal case? How is it defined, and what are some common examples of pain and suffering in a personal injury case? We’ll discuss everything you need to know in this blog.

What Is Pain And Suffering?

It’s important to note that pain and suffering typically includes both past and future pain and suffering. Let’s discuss each one.

Past Pain and Suffering - this includes any physical pain, humiliation, embarrassment, worry and distress suffered from the date of the accident up to a specified time as a
result of the accident.
Future Pain and Suffering - this includes any physical pain, humiliation, embarrassment, worry and distress that the injured party will suffer in the future as a result of the accident. There are factors to consider such as the ability to enjoy activities and the benefits of life.

What Are Some Examples Of Pain And Suffering?

Let’s say that someone is riding a bike in Milwaukee in the bike lane, and they’re hit by someone who’s trying to turn right and doesn’t see them. They fall off of their bike, and experience a concussion, broken ribs, and a broken collarbone.

In this example, physical pain and suffering would be caused by the concussion as well as the broken bones and ribs. In a personal injury case, the bicyclist may be able to claim damages due to this physical pain and suffering.

Let’s also say that the incident was very mentally traumatizing to the bicyclist. They develop a fear of riding bikes, and can no longer enjoy their hobby. These issues may persist long after their broken bones heal. In this case, the victim may also be able to recover damages due to mental pain and suffering.

How Much Is Pain And Suffering Worth?

This depends entirely on the specifics of the case. There are no charts, standard documents, or other resources for juries to use to calculate pain and suffering – they must look at the specifics of the case, the extent of physical and mental trauma, and other information to decide what a reasonable judgment may be for pain and suffering.

Lots of factors can affect this, such as the testimony of the involved parties, documentation from doctors about pain and suffering, whether or not the witnesses and/or plaintiff are credible, and much more.

How Can You Prove Pain And Suffering?

There are many different types of evidence that a Milwaukee personal injury attorney may use to prove pain and suffering in a personal injury lawsuit. This may include:

Statements from the plaintiff and their family and friends
Medical records and medical bills
Psychiatric records and evaluations
Expert testimony
Witness testimony
Photos of your injuries

Injured? Need Help? Contact A Milwaukee Personal Injury Attorney

Pain and suffering often compose a large proportion of the damages awarded in a personal injury lawsuit. If you’ve been injured in Milwaukee, you need an experienced personal injury attorney who can help you get the compensation you deserve. So don’t wait. Contact Natasha Misra Law for a case review now. We’ll assess your situation, discuss your options, and help you find the best path forward after a life-changing injury in Milwaukee.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.