What is Pain and Suffering in a Personal Injury Case?
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What is Pain and Suffering in a Personal Injury Case?
✕
  • HOME
  • OUR FIRM
    • David M. Smith
    • Gregory D. Ammons
    • Joshua T. Howle
    • Brice E. Ricker
    • Meet our Team
    • In The News
  • PRACTICE AREAS
    • Family Law
      • Divorce
      • Mediation
      • Equitable Apportionment
      • Alimony
      • Custody
      • Visitation
      • Child Support
      • Adoption/Termination Of Parental Rights
      • DSS Actions
      • Guardian ad litem Services
    • Probate
    • Civil Litigation
      • Construction Dispute
        • Construction Defect
        • Mechanic’s Lien
      • Contract Disputes
        • Breach of Contract
        • Legal Remedies
      • HOA Disputes
      • Non-Compete Disputes
      • Property Damage
      • Unfair Trade Practices
      • Lemon Law
    • Personal Injury
    • Disability
    • Criminal Defense
    • DUI / Traffic
    • Worker’s Compensation
    • Medical Malpractice
    • Wrongful Death
  • WHAT OUR CLIENTS SAY
  • PAY BILL
  • FAQ
  • LOCATIONS
    • FLORENCE OFFICE
    • SUMMERVILLE OFFICE
  • CONTACT
  • Media Room
What is Pain and Suffering in a Personal Injury Case?
Call Florence Office
(843) 407-1583
Call Summerville Office:
(843) 900-2020
  • HOME
  • OUR FIRM
    • David M. Smith
    • Gregory D. Ammons
    • Joshua T. Howle
    • Brice E. Ricker
    • Meet our Team
    • In The News
  • PRACTICE AREAS
    • Family Law
      • Divorce
      • Mediation
      • Equitable Apportionment
      • Alimony
      • Custody
      • Visitation
      • Child Support
      • Adoption/Termination Of Parental Rights
      • DSS Actions
      • Guardian ad litem Services
    • Probate
    • Civil Litigation
      • Construction Dispute
        • Construction Defect
        • Mechanic’s Lien
      • Contract Disputes
        • Breach of Contract
        • Legal Remedies
      • HOA Disputes
      • Non-Compete Disputes
      • Property Damage
      • Unfair Trade Practices
      • Lemon Law
    • Personal Injury
    • Disability
    • Criminal Defense
    • DUI / Traffic
    • Worker’s Compensation
    • Medical Malpractice
    • Wrongful Death
  • WHAT OUR CLIENTS SAY
  • PAY BILL
  • FAQ
  • LOCATIONS
    • FLORENCE OFFICE
    • SUMMERVILLE OFFICE
  • CONTACT
  • Media Room

Personal injury claim

An injury can cause severe disruption for families and individuals. A key component of a personal injury case is calculating the victim’s pain and suffering. Economic damages such as medical bills are easy to calculate. In contrast, non-economic damages such as pain and suffering are harder to measure. So, what exactly is considered pain and suffering in the eyes of the law? Pain and suffering go beyond the acute injury, the overall change to a person’s life must be examined.

Defining Pain and Suffering

In legal terms, pain and suffering refer to injuries a plaintiff experienced as a result of a defendant’s negligence. It is the physical and emotional stress caused by an injury.

The injuries include physical disturbances and mental damages. Conditions that interfere with normal living belong under the “pain and suffering” umbrella. Examples are insomnia, PTSD, worry, grief, depression, limited functions in daily living, pain, potential shortening of life, and embarrassment.

Two Types of Pain and Suffering

Pain and suffering can be categorized into physical and mental.

1. Physical pain and suffering are the actual physical effects of injuries experienced after the event and far into the future. Some victims never regain the full function of their bodies resulting in permanent limitations or loss of opportunities.

2. Mental pain and suffering deal with the negative emotions experienced after the event. It includes things like emotional distress, loss of enjoyment in life, anxiety, anger, shock, fear, etc. The same as physical damages, mental pain and suffering include what the victim has experienced to date and what may be experienced in the future.

Providing Proof of Damages

The party who initiates the lawsuit has to prove how the alleged damages have changed their lives. The degree of injury and accompanying pain and suffering can be presented with documentation such as photographs and journals. Friends and family can also provide testimonies. In addition, doctors can report the short and long-term effects of injuries.

While recovering and returning to their normal lives, victims heal better when able to focus on their wellbeing instead of monetary or legal battles. Hiring an experienced attorney brings much relief after a traumatic event.

Putting a Value to Your Healing Journey

Your legal team can take care of gathering enough evidence to prove your overall damages. They will take the necessary steps to present a favorable case. Attorneys and insurance companies are trained to apply formulas that calculate an amount for monetary compensation to cover non-economic damages. Attorneys negotiate with insurance companies in favor of their clients. A person should never negotiate alone because it could mean getting a lower settlement amount.

When victim to someone’s negligence it is only fair to receive compensation. Our law office understands exactly what establishes pain and suffering and is ready to seek fair compensation for your injuries. Contact Smith Ammons Law to speak to one of our experienced legal professionals.

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