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 in school.
- 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 settlements.
- 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 free consultation.