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What Are ‘Pain and Suffering’ Damages?

July 16, 2018

When you hear about personal injury cases, you usually hear about compensation, often referred to as ‘damages’. People can get compensation for medical expenses, lost wages if they can’t work, and pain and suffering. The last one doesn’t seem as concrete as the others, so it’s natural for someone to be confused as to how someone can get compensation for pain and suffering.

Seeking compensation for someone else’s negligence can be difficult to handle on your own. With the aid of a personal injury lawyer, you have a better chance of getting compensation. Let Injury Attorney Flora Stuart help you!

How is Pain and Suffering Quantified?

Pain and suffering can be both physical and mental.  Physical pain includes injuries that you have from the accident, still have now, and how the injuries will affect you in the future. Mental pain comes from emotional turmoil, anxiety, and shock that you could be experiencing because of the negligence of another. Some symptoms of mental injuries are depression, anger, not eating or sleeping, and feeling lethargic.

To get compensation for pain and suffering, you first must prove it. Your claim will do better with a lot of evidence about how you were hurt.

  • Photographs of an accident and the injuries will help show the damage you’ve suffered. After an accident, it’s a good idea to take as many photographs as possible, and to get a lot of different angles.
  • Personal Accounts. Keeping a diary of how the accident has affected you will show the extent of the injuries. Family and friends can also provide accounts to how the injuries make your life difficult, or changes in your demeanor since the accident.
  • Professional Accounts. If you have to seek professional help for mental trauma, they can provide proof that you’re being treated. Their evidence will help because emotional trauma is something that no one can see.

Several factors go into pain and suffering compensation.

  • The extent of the injuries.
  • Pain from the injuries.
  • How the injuries affect your life.
  • Cost of treatment.
  • Time that will take the injuries to heal.
  • What care you will need in the future.

However, the person who is filing a lawsuit can influence the extent of their compensation.

  • Honesty, and not exaggerating injuries.
  • Whether the injuries and claims make sense.