pain and suffering

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

Pain and Suffering in Personal Injury Claims

When it comes to personal injury claims, “pain and suffering” is a crucial component of the damages you may be entitled to. Unlike measurable losses such as medical expenses or lost wages, pain and suffering refers to the physical and emotional distress caused by an injury. Because this type of damage is subjective, its value can vary significantly from one case to another. Different juries might assess the worth of pain and suffering differently, with one potentially awarding a higher amount than another.

What is Included in Pain and Suffering?

Pain and suffering encompasses more than just the immediate physical discomfort after an accident. It also includes ongoing pain, emotional distress, and any lasting impacts on your quality of life. These effects can be both short-term and long-term, and can affect your physical, mental, and emotional well-being.

Physical Pain

After an accident, physical injuries may be immediate, such as cuts from broken glass or fractures that require stitches. However, pain can extend far beyond the initial injury. Weeks or months after the accident, you may continue to suffer from conditions like back pain, neck pain, or headaches, all of which fall under the category of pain and suffering.

To establish the extent of physical pain and suffering, your personal injury attorney will rely on medical records and testimony from doctors. Additionally, family and friends may provide valuable insight by describing how your injuries have affected your daily life and activities since the accident.

Mental and Emotional Pain and Suffering

In addition to physical injuries, you may experience significant emotional and mental distress. This can range from anxiety and depression to more severe issues like post-traumatic stress disorder (PTSD). For example, someone involved in a traumatic car accident might develop a fear of driving or suffer from shame due to the lasting effects of their injuries, such as visible scars or physical limitations.

Common emotional consequences following an accident may include:

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

These psychological effects can be just as debilitating as physical injuries, and they may be considered when calculating pain and suffering damages.

Measuring Pain and Suffering

Unlike tangible damages like medical bills, pain and suffering is difficult to quantify. There are no set formulas or guidelines to determine exactly how much a plaintiff should receive for their pain and suffering. As a result, it is up to the injured party to present compelling evidence that demonstrates how their injury has impacted their life on multiple levels—economically, physically, mentally, and emotionally.

In cases of serious injury, pain and suffering may have long-lasting consequences, affecting your ability to work, enjoy everyday activities, or maintain personal relationships. In some cases, it can even shorten your life expectancy. The more detailed and persuasive the evidence, the stronger your claim for fair compensation.

If you’ve been injured due to someone else’s negligence, you deserve just compensation for the pain and suffering you’ve endured. Contact Moore-Faust Injury Law Group today for a free, no-obligation consultation to discuss your case and how we can help you secure the compensation you deserve.

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