The phrase pain and suffering refer to a legal term that describes the emotional and physical injuries that the victim has undergone following an accident. All the physical injuries or emotional scarring that a victim has to experience after an accident are part of personal injury claims.
Pain and suffering come under the non-economic compensation in personal injury cases. In worst-case scenarios, victims have died from a personal injury accident due to the other party’s negligence.
Let’s get into more detail about pain and suffering in personal injury claims.
What Comes Under Pain and Suffering?
While there is no one definition of pain and suffering in personal injury law, there are two types that the term refers to. These include:
Physical pain and suffering:
This type of pain and suffering can last a few days or much longer, depending on the accident’s severity. In severe cases, these become permanent, leaving the victim in lifelong pain. Here are a few examples:
- Severe physical pain as a result of the accident
- Extreme physical discomfort is a side effect of strong medical cures
- Headaches
- Internal organ damage
- Dislocated joints
- Paralysis
- Back pain
- Nerve damage
- Traumatic brain injury
- Neck pain
- Broken or fractured bones
- ulled or sprained muscles
Emotional pain and suffering:
The accident can result in extreme emotional pain and suffering for the victim, which could last days, months, or even years. Here are a few examples:
- Psychological effects,
- Loss or diminishment of the quality of life
- Sleeplessness,
- Mental anguish,
- Anxiety
- Fear
- Grief
- Frustration
- Insomnia
- Worry
- Post-traumatic stress disorder
- Cognitive changes following a head or brain injury
Your injuries and the medical treatment you receive will inform the jury or your insurance company of how severe the pain and suffering are. These are the two most basic indicators proving the compensation you deserve.
How to Prove Pain and Suffering?
The best way to show pain and suffering is to use medical records and expert testimony. This documentary evidence will support the personal injury claims, and these can include the following:
- Photographs of the injuries that indicate pain and suffering
- Doctor’s notes right after the accident
- Your therapist or mental health counselor’s notes
- Medical evidence
- Personal journals that document the victim’s pain
All the evidence you gather in personal injury claims will help establish the severity of the pain and suffering to your insurance company, the judge, the jury, etc. While you collect this, be sure also to hire an experienced personal injury attorney.
To prove pain and suffering in a personal injury case, gathering as much evidence as possible, such as witnesses’ statements, photographs of the scene, and any other relevant documentation, is important. A personal injury lawyer familiar with the state laws can assist in gathering evidence and proving the other party’s negligence.
You should contact the knowledgeable personal injury lawyers at The Bourassa Law Group. They will help and guide you through the personal injury process and make the at-fault party pay for the damages. Call us at (800)870-8910 for a free consultation!
1-800-870-8910