pain and suffering

As part of your personal injury claim damages, make sure your claim includes pain and suffering.

PAIN AND SUFFERING

Accident pain and suffering, including physical & emotional pain and suffering: A key component of damages is showing you have experienced “pain and suffering”.

Unlike lost wages or payment of medical bills, pain and suffering and what it’s worth is subjective. In other words, one jury may find it’s worth one amount and another could come up with a greatly increased or decreased amount. 

Pain and suffering may cover a wide variety of ailments because it includes not just the pain or suffering you experienced immediately following your injury, but also any additional pain and suffering. It may also include ongoing physical, mental, or emotional pain. 

PHYSICAL PAIN

When a person is involved in a car accident, he/she may immediately experience an injury from broken glass and need stitches or other immediate medical care. However, weeks later, may experience continuing pain, such as a sore back or neck, as a result of the crash. This later injury will be included in pain and suffering. 

To prove physical pain and suffering, a good personal injury attorney will highlight statements from medical records. In addition, it’s common for family members and friends to testify as to what they observed about the injured person as compared to before their accident. 

MENTAL OR EMOTIONAL PAIN AND SUFFERING

Aside from the more obvious physical pain you may experience from your accident, it is also possible to include any mental or emotional anguish that you experience as a result. When a person is involved in a traumatic car accident, he/she may have immediate and long-term physical pain. However, he/she may also experience anxiety or fear from the accident. They may be frightened of traveling in a car. They may be experiencing embarrassment of humiliation because the accident has left them debilitated or scarred. 

The following are examples of mental or emotional suffering you may incur because of an injury:

  • Depression
  • Anxiety
  • Fear
  • Humiliation or embarrassment
  • Grief
  • Shock
  • Nervousness

MEASURING PAIN AND SUFFERING

Accident pain and suffering, including physical pain or emotional suffering from an injury may have a permanent and lasting effect on a person’s life and livelihood. This can result in shortened lifespan, temporary or permanent limitations on activities, unemployment and unhappiness. 

There are no absolute means of measuring a person’s pain and suffering. There are also no real guidelines for weighing a plaintiff’s pain and suffering to follow. Therefore, the plaintiff must simply try to proffer the best evidence of the effects of their injury on them economically, physically, mentally, and on a daily basis. 

If you have been injured due to another’s negligence, you have the right to fair compensation. Contact Moore-Faust Injury Law Group for a free, no obligation consultation regarding your injury claim.

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WHY MOORE-FAUST INJURY LAW GROUP?

Moore-Faust Injury Law Group brings more than 30 years of experience to the table on behalf of our clients. We have obtained millions of dollars in compensation for victims who were seriously injured or lost their life by the carelessness of others in vehicle crashes and other accidents. Contact us for a free, no obligation review of your injury claim.

 

 

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