Many personal injury claims allow injured victims to recover damages for
pain and suffering. But what does that mean? How do you quantify emotional
damages? Pain and suffering damages can be complicated and difficult to
assess, which is why it is important to have an experienced personal injury
lawyer help you review your claim to determine if it includes the full
amount of damages you can recover. At our team, we work with medical experts
from across all fields to help our clients assess the extent of their damages.
Pain and suffering includes:
Physical pain and suffering: This is the bodily pain that you experience from your injuries, including
the physical pain and discomfort that you current feel now and will suffer
from in the future.
Mental pain and suffering: These are emotional pain that is usually a secondary effect of your physical
injuries. Things like mental anguish, shock, PTSD, anxiety, loss of enjoyment
of life, are all types of mental pain and suffering.
Some Examples of Pain and Suffering
Pain and suffering can manifest in many forms. Some examples include:
- A young woman was injured in a car accident and suffered from severe scarring
and disfigurement. The scarring is permanent and has caused her serious
emotional issues and embarrassment, leading to depression and bullying
- A boy slipped and fell in a grocery store and suffered from serious back
and neck injuries. He suffers from debilitating pain every day and has
trouble performing daily duties. He is constantly agitated and depressed
after the accident.
How Pain & Suffering Is Calculated
While no two cases are alike, insurers will use a general guideline to
determine how much to compensate a plaintiff for pain and suffering. Some
insurers will use a multiplier or a set formula to determine the damages
based on how serious your injuries are and how long you are expected to
suffer from those injuries.
Factors that are used typically to calculate pain and suffering include:
- How serious is your injury? More serious injuries will likely yield higher
- Who is liable? Is the victim partially at fault?
- What is the prognosis of the pain and suffering, and required treatment?
Proving Pain & Suffering
Proof of pain and suffering damages usually require documentation from
medical professionals, including physicians, psychologists, and other
specialists. Keeping a journal of your daily obstacles and having friends
and families provide documentation of how your injuries have negatively
impacted your life can also be helpful.
Learn the Full Value of Your Case
If you have questions about your personal injury claim and whether pain
and suffering damages are included, as well as how much you may be able
to recover, contact Hutton & Hutton. We can evaluate the details of
your case and help you determine whether an insurance company’s
offer is fair. Our
Wichita personal injury attorneys have deep knowledge of the claims process and how claims are evaluated
by insurers. When you need someone to advocate for you during one of the
toughest times in your life, we’re here for you. Get started on
your cast at no cost – just give us a call to request a