What is Pain and Suffering?

Monday, February 12, 2018

 What is Pain and Suffering?

When you read about filing a personal injury claim to seek compensation for accident-related damages, you read about three categories of damages:
  • Medical expenses;

  • Lost wages; and

  • Pain and suffering damages.

This final category can be confusing because it is not specific like the others. Unlike damages in the other two categories, pain and suffering damages cannot easily be quantified. It can be more difficult to recover compensation for these damages because they are less easy to identify and quantify.

During your initial case review, your lawyer should be able to determine which pain and suffering damages you experienced an give an estimate of their worth.

Examples of Pain and Suffering Damages

Many different types of impairment can be deemed pain and suffering damages. These include:

  • Mental anguish following an accident;

  • What is Pain and Suffering?Emotional distress about an injury or disability;

  • Chronic pain that limits your ability to enjoy activities you once loved and engage in daily routines; and

  • A permanent reduction to your quality of life.

Calculating Pain and Suffering Damages

Damages awarded to a personal injury victim fall into two categories: special and general damages. Special damages are the damages that can easily be quantified, like medical bills and lost wages. Pain and suffering damages fall into the other category, general damages.

Insurance providers use a formula to determine the value of a claimant’s general damages. One common formula takes the value of the claimant’s special damages and multiplies it by a number the insurance provider deems appropriate to value the claimant’s general damages. The more the victim suffered, the higher this number. Another method is to determine a realistic period of time the claimant suffered and an appropriate dollar figure for the suffering, then multiply the two to determine a fair amount of compensation. Both approaches have their benefits and drawbacks and can be negotiated.

Documenting Pain and Suffering to Seek Compensation

In order to recover compensation for your pain and suffering damages, you will need to provide evidence that shows their existence, their extent, and how they impair your daily life. The more evidence you can provide, the better chance you will have of securing an appropriate amount of compensation for them. Evidence that can support your pain and suffering claim includes:

  • Photographs of your injury and current limitations;

  • Journal entries;

  • Bills for over-the-counter medications and medical devices;

  • Testimonies from your loved ones; and

  • Documentation showing the long-term effects of your injury.

Work with Draper Law Office to Pursue your Personal Injury Claim

If you were injured in an accident you did not cause, our team at Draper Law Office can help you craft and pursue a personal injury claim to seek compensation for your related financial damages. To learn more, schedule your free, no-obligation consultation with us by calling (866) 767-4711 or by visiting us online.


2/12/2018

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