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What Does “Pain and Suffering” Mean in a Personal Injury Claim?

Injuries Can Have a Lasting Impact

Accidents that result in a personal injury can cause considerable pain in the short and long term. In some cases, that pain even becomes a permanent fixture in the life of the injury victim. That is why personal injury claims often list various types of “pain and suffering” that are the by-product and result of the actual injury.

To prove “pain and suffering” in a personal injury case, the plaintiff’s attorney must use all the evidence at their disposal. So how does one calculate the cost of chronic physical pain or emotional distress? It isn’t an exact science, and results may vary depending on the judge and jury. However, an experienced Personal Injury Attorney can help their client gather vital medical evidence, notes from doctors and mental health counselors, and personal testimonies that strengthen their client’s case.

When there is significant pain and suffering caused by an accident, the injury victim needs to focus their time and attention on recovery. Another way attorneys can help is by making sure their client does not become inundated with legal preparation. Instead, they are free to put their time and energy toward getting better.

The Effects of Your Injury Are Not Limited to Physical Pain

In legal terms, pain and suffering can refer to physical pain as well as mental and emotional anguish. Physical conditions that may constitute compensation for pain and suffering include:

  • Internal organ damage
  • Damage to the nervous system
  • Brain trauma
  • Headaches
  • Neck pain
  • Back pain
  • Dislocated joints
  • Various types of paralysis

Medical conditions such as these can persist for months or even years. In some cases, they cause permanent, chronic pain. Consequently, pain and suffering calculations consider the lasting impact of these injuries in the life of the victim.

If you have ever suffered a serious injury, you know the mental and emotional impact can be severe. Psychological distress that results from physical injury can take many forms. Additionally, the emotional impact can result in lasting trauma for the victim. In personal injury cases, there is a wide range of mental and emotional pain that can influence the compensation amount. Here are a few, though a knowledgable attorney can help you understand more:

  • Anxiety
  • Shock
  • Depression
  • Sexual dysfunction
  • Fear
  • Anger
  • Humiliation
  • Diminished quality of life
  • Post-traumatic stress
  • Insomnia

Humans are emotional creatures. So the emotional impact of a personal injury can color our entire life experience. With claims of pain and suffering, plaintiffs are simply trying to be acknowledged and compensated for the true cost of their injury.

Something I will cover in a future article is, “Loss of Consortium”. This type of pain and suffering claim has to do with wrongful death cases where the victim’s family is left to reassemble the pieces of their lives that were shattered by the death of their loved one.

Seek Compensation for the Full Range of Pain and Suffering Caused By Your Injury

In conclusion, it is the goal of a personal injury claim to accurately represent the real-world consequences of the injury in question. Our physical well-being is tied to our emotional well-being, and these states of being can determine our life experience. 

If you have been injured in an accident, and want to know more about how a personal injury claim can result in compensation for your pain and suffering, contact an experienced personal injury attorney. I have deep experience representing injured clients and helping them win compensation for the full range and depth of their pain. 

I offer free case evaluations to help people understand their legal options and how best to proceed with a personal injury claim. So call 636-530-1515 or contact us online to learn more.

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