Proving Your Pain and Suffering

Friday, January 4, 2019

 Proving Your Pain and Suffering

When you were hurt as the result of someone else’s negligence, Florida law allows you to sue for pain and suffering as part of your general damages in a personal injury case. Pain and suffering can include any mental, physical or emotional distress you experience because of your injury. However, this type of non-economic damage is not easily quantifiable. If you have been injured due to another party’s negligence, you need to understand the process of proving your pain and suffering.

What is "Pain and Suffering"?

Pain and suffering is a legal term used to describe a variety of injuries that a person may suffer in an accident. This includes physical pain as well as emotional and mental afflictions such as grief, insomnia, fear, anxiety, inconvenience, and the loss of enjoyment of life.

Determining Pain and Suffering

In deciding the amount of pain and suffering an individual has endured, a court or a jury will look at factors such as:

· The severity of injuries

· The injured party’s age

· Possible future problems as a result of the injuries

· Any pre-existing conditions

· Economic losses

· The length of recovery

Examples of Pain and Suffering

  • Development of a mental health condition such as depression;
  • Loss of enjoyment of everyday activities you once participated in;
  • Inability to complete or perform everyday tasks such as cleaning, driving, or cooking;
  • Loss of appetite; and
  • Experiencing chronic pain.

Evidence of Pain and Suffering

Because pain and suffering is a subjective concept, it can be difficult to establish a monetary amount to support this type of claim. However, some kinds of evidence can help such as:

· A statement from a mental health professional regarding the injured person’s psychological suffering;

· The injured person’s testimony regarding their experiences since the accident;

· A treating physician’s statement of their opinion about the injured person’s physical pain and suffering;

· Prescription drug records;

· Testimony from the injured person’s spouse and loved ones about the impact on their family; and

· Any other written account which memorializes the individual’s pain.

If someone's negligence has injured you, you need an experienced personal injury attorney to evaluate your case. The attorneys at the Draper Firm have been helping injured people for over 30 years. Please contact us to schedule a free consultation. We invite you to learn more about our firm here.

The Draper Firm


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I was referred to Draper Law by my father in-law after being hit from behind in an auto accident. I didn't realize, at the time, what an important decision I was making by hiring a personal injury attorney to represent me. Charles Draper took the time to explain the process and what I could expect. His professional team was there for me every step of the way through a long, and often complicated, legal experience. I just want to express my sincerest gratitude for all the efforts that were taken by Charlie and his team on my behalf in obtaining a settlement on my case.