What Are Pain and Suffering Damages in an Injury Claim?
Car crash injuries can take a tremendous physical and psychological toll on victims. Everyday life can be painful and uncomfortable, causing victims’ mental health to suffer.
At TSR Injury Law, we understand the wide-ranging effects of a car crash injury. We have helped many crash victims secure full compensation for their damages, including compensation for their pain and suffering.
Below, we discuss what may potentially be included in a claim for pain and suffering. If you were injured in a vehicle crash, call us to schedule a free legal consultation. We may be able to seek compensation on your behalf, at no upfront cost to you.
TSR Injury Law. Experienced Lawyers. Free Consultation. (612) TSR-TIME
What is Pain and Suffering?
Pain and suffering is a term that refers to the physical and emotional effects of a personal injury.
Physical Pain and Suffering
Physical pain and suffering refer to the physical pain and discomfort caused by an injury. This can be the pain and discomfort you experience soon after the injury or in the future.
For example, injury victims could experience pain and discomfort because of:
- Neck injuries
- Broken bones
- Traumatic brain injuries
- Damage to nerves
- Back injuries
- Joint injuries
- Damage to internal organs
Emotional/Psychological Pain and Suffering
This refers to the damage to your mental and psychological health from a personal injury. Injured victims may become depressed because of their new physical limitations. For example, victims who are paralyzed by an injury may struggle to adjust to their new life.
Other examples of emotional/psychological injuries that may result from a physical injury include:
- Post-traumatic stress disorder
- Sleep disturbances
- Mental anguish
- Emotional distress
In some cases, the mental health issues are so difficult the victim is unable to work or must work in a limited capacity.
Personal injuries can also cause lost enjoyment of life because you cannot take part in the activities you once enjoyed. For example, a brain injury or spinal cord injury could cause permanent impairment that makes it more difficult or impossible to participate in leisure activities, such as sports or outdoor activities with your children.
If you were seriously injured in a car crash, the Bloomington vehicle accident attorneys at TSR Injury Law are committed to seeking full compensation, including compensation for pain and suffering. We can discuss pain and suffering and other damages in a free legal consultation.
Proving Your Pain and Suffering
When you seek compensation for medical expenses, you can present bills and receipts to prove the cost. Your medical records can also be used to prove the existence of the injury that created those expenses. However, the value of pain and suffering is subjective, as there is no objective evidence to prove its value.
Fortunately, there are many ways to establish the existence of pain and suffering and methods for calculating the value of pain and suffering. For example, if you are dealing with psychological trauma and are seeing a mental health counselor, records of these visits could be used to document your emotional or psychological suffering.
Your lawyer may ask you to keep a journal in which you document how your injuries affect you each day. For example, you could note your pain level on a scale from one to 10 each day. You could talk about difficulty sleeping and the stress and anxiety you feel about recovering from your injury.
If you are not able to participate in some of the same activities that you did before your injury (playing sports, exercising, running, playing with your children outside, etc.), your lawyer may ask you to provide evidence that you used to do these things. For example, pictures of you engaged in these activities may help. Testimony from people in your life about the enjoyment you got from these activities may also be helpful.
Your medical records may also help your lawyer to document physical pain and suffering. For example, if you have been going to physical therapy, the therapist will need to assess your physical abilities at the start of therapy. As you continue getting treatment, the therapist can note any improvement. He or she can also take note of movements that cause pain and your level of pain.
Assigning a Value to Pain and Suffering
This is something your lawyer can discuss with you as he or she is building your case. However, there are different methods that could be used to determine what pain and suffering is worth. For example, there is something called the multiplier method, in which the value of your economic damages is multiplied by another number and the result is the value of pain and suffering.
There is also the per diem method in which a dollar amount is assigned to each day of the victim’s pain and suffering.
However, you cannot simply apply a formula without considering the many factors that affect the value of a pain and suffering claim, such as:
- Severity of the victim’s injuries
- Whether doctors support the victim’s claims about physical and emotional pain and suffering
- If others in the victim’s life (family, friends) back up the victim’s claims about pain and suffering
- If the victim receives an official diagnosis of a mental health issue, such as anxiety or depression
- Steps the victim has taken to mitigate pain and suffering
- And more
Call TSR Injury Law After a Car Crash Injury
If you suffered an injury in a car crash and you are going to need treatment for weeks or months after the collision, you should consider talking to an experienced attorney. Recovering full compensation can be a challenge, as insurance companies are looking for some way to deny or at least underpay your claim.
Our attorneys have taken on insurance companies for a long time and have a track record of success. There are no financial risks with our services, as there are no upfront fees, and you are not obligated to hire our firm after a free initial consultation.
Have questions about your claim? Call us today: (612) TSR-TIME.