In the aftermath of a personal injury, the physical pain and emotional suffering you endure can be overwhelming. Fortunately, the legal system recognizes these non-economic damages and allows for compensation. Understanding pain and suffering damages is crucial when pursuing a personal injury claim.
Types of Pain and Suffering Damages:
Physical Pain: This includes the physical discomfort, agony, and limitations resulting from your injuries. It encompasses the pain you experienced immediately after the incident and any ongoing discomfort.
Emotional Distress: Personal injuries often lead to emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD). These emotional challenges can significantly impact your life.
Loss of Enjoyment of Life: When injuries prevent you from participating in activities you once enjoyed, you may be entitled to compensation for the loss of your quality of life.
Loss of Consortium: If your injuries have negatively affected your relationship with your spouse or partner, they may also have a claim for the loss of companionship and support.
Assessing Pain and Suffering Damages:
Quantifying pain and suffering can be challenging, as these damages are subjective. Several factors are considered:
Severity of Injuries: The more severe the injuries, the higher the potential for pain and suffering damages. Injuries that lead to long-term or permanent disabilities generally result in greater compensation.
Medical Evidence: Medical records, expert testimonies, and psychological evaluations can provide evidence of your pain and suffering. They help establish the extent of your emotional distress and physical discomfort.
Duration of Recovery: The length of your recovery period and the impact on your daily life play a role in determining damages. Prolonged suffering often leads to higher compensation.
To pursue pain and suffering damages, it’s crucial to:
Seek Medical Attention: Ensure you receive appropriate medical treatment and document your injuries.
Keep Records: Maintain detailed records of your medical bills, therapy sessions, and any prescriptions related to your injuries.
Consult an Attorney: An experienced personal injury attorney can assess your case, calculate pain and suffering damages, and negotiate with insurance companies on your behalf.
Provide Evidence: Your attorney will help gather the necessary evidence to support your claim, including medical records and expert testimonies.
In personal injury cases, pain and suffering damages acknowledge the emotional and physical toll of your injuries. By understanding how these damages are assessed and pursuing them diligently with the guidance of an attorney, you can seek fair compensation for the non-economic losses you’ve endured.
American Bar Association. (2021). Assessing Damages in Personal Injury Cases. https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury/
Cornell Law School Legal Information Institute. (n.d.). Pain and Suffering Damages. https://www.law.cornell.edu/wex/pain_and_suffering_damages