Many people have heard the term “pain and suffering” before, however, most aren’t aware of what it entails. Being injured in an accident often causes damages to a person beyond what is physically visible.
What is Pain and Suffering?
Pain and Suffering damages in personal injury cases include compensation for the physical and/or emotional pain that you would otherwise not have to endure if the accident had not occurred. There is no exact cost or specific measurement used to calculate damages related to pain and suffering; instead, the court will take into account the evidence presented and make a determination as to what is fair and just based upon the circumstances for the victim.
As an example, a mother who is never able to pick up her child again, or an athlete who is rendered permanently disabled, experience pain and suffering far beyond their physical injuries.
What is Covered?
There are a multitude of accident outcomes that may qualify for pain and suffering compensation. These types of losses are often referred to as “non-economic” losses and cover things such as:
Enjoyment of Life - Altered mindset following the accident, causing the victim difficulty enjoying their life
Embarrassment and/or Humiliation - Life-long physical ailments that affect self-confidence, leaving the victim ashamed of their injuries (eg. burns, paralysis, amputation)
Past and/or Future Suffering - Physical pain, mental anguish, inconvenience, discomfort, or stresses incurred by involvement in the accident
Disfigurement - Permanent damage caused by the accident (eg. scarring or surgery)
Loss of Consortium - A victim’s spouse may receive compensation, if the injuries sustained resulted in the inability for companionship or intimacy with their partner
How can I Prove Pain and Suffering related to My Accident?
Claiming damages related to medical bills or lost wages are both easy to identify and calculate. However, although pain and suffering often deserve to be included in a personal injury case, documentation and evidence must be provided to show proof it was endured as a direct result of the accident.
It is important to collect documentation such as your own personal journal, testimonies from family and friends, as well as diagnoses and opinions from the medical professionals included in your care team. This information often provides an extremely compelling insight into the way your life has been devastatingly impacted by your accident.
A detailed journal describing daily life; including pain scale, how life has been impacted by the accident, and how it changed the ability to perform daily activities.
Visits to medical professionals, including mental health therapy sessions.
Written opinions from medical professionals involved in care with regards to the extent of the condition, and how it will continue to impact life beyond the physical injury.
A complete listing of all medications prescribed following the accident, along with medications that must now be taken indefinitely.
Documentation regarding any permanent, life-threatening, or disabling conditions.
How can I get Compensation for Pain and Suffering as the result of an Accident?
Whenever you’ve been injured in an accident and simply can not return to the life you’ve previously lived, our experienced car accident attorneys can review the details of your situation and determine your options for compensation. Contact us online or by phone at (267) 214-8608 today for a complimentary consultation.