What Constitutes Pain and Suffering in a Personal Injury Claim?
When you file a personal injury claim, you expect to be compensated for expenses such as medical bills and lost income, which are known as economic damages. Economic damages are verifiable monetary losses. In most personal injury lawsuits, you can also get compensation for noneconomic damages, which include pain and suffering. We want to share with you what exactly pain and suffering is when it comes to personal injury claims.
What is Pain and Suffering?
Pain and suffering in legal terms refers to injuries you have suffered as the result of an accident. Not only does it refer to physical pain and discomfort, but pain and suffering can also include emotional and mental injuries, such as:
•Loss of enjoyment of life
How to Prove Pain and Suffering
There are a few ways you can prove you have had pain and suffering after an accident. The most obvious is medical records. Of course, if you needed medical attention right after the incident and went to the hospital or doctor, that shows you have endured pain and suffering. But if you have sustained a physical, emotional, or mental injury that persists, going back to the doctor will document that your pain and suffering is ongoing. In most cases, your medical records are enough to show the extent of your pain and suffering. Sometimes doctors or another medical expert may be used as a witness to explain the impact of your injuries.
In addition to visiting the doctor as needed, you should write down how your injuries are affecting your daily life in a journal. You may think you can remember how you are affected, but it is better to keep a record. Write down any persistent symptoms, how you feel emotionally and mentally, and take pictures of physical injuries. If you have suffered emotional or mental harm, a psychologist or therapist could be called as a witness to explain the extent of your pain and suffering.
How Damages are Calculated
You’re probably also wondering how damages for pain and suffering are determined. There is no one way insurance companies decide how much you should be compensated after filing a personal injury claim, nor is there any magical formula that a Judge or jury will use. Juries are usually instructed to consider the nature and extent of the injured person’s injuries; the extent to which those injuries impacted their daily lives; and the amount, type, and duration of treatment, along with the person’s diagnosis and future prognosis. Our experienced injury lawyers are prepared to help you make the most effective claim for injuries warranted in your situation.
Many people go through pain and suffering after an accident. Are you ready to file a personal injury claim and receive compensation? Contact one of our personal injury lawyers, and we will get started on your claim today.