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.
