Skip to content

How Pain and Suffering Can Affect Your Personal Injury Case

According to the Cornell Law School, Pain and suffering refers to the, “physical discomfort and emotional distress that are compensable as noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury. (…) Damages for the loss of enjoyment of life compensate for the frustration and anguish caused by the inability to participate in activities that once brought pleasure.” (Source: https://www.law.cornell.edu/wex/pain_and_suffering)

The weeks and months after a personal injury accident can be an uncertain, anxious, and frustrating time. Whether you were in a car accident, a truck accident, an accident while shopping, or another type of incident, it’s likely to have physical injuries. Additionally, there may be non-visible injuries that can have a significant impact on mental health and overall wellbeing. These types of injuries are usually referred to as pain and suffering, and you may be able to collect compensation for these damages.

 

Understanding Pain and Suffering

After an accident, it’s in your best interest to seek medical treatment for any injuries you may have suffered. Medical professionals are qualified to examine, document, and treat your injuries. Simply stating you have experienced pain after an accident carries far less weight legally than having injuries evaluated and documented by a doctor using proper diagnostic tests.

Unfortunately, some injuries leave a lasting impact. Your injury could result in physical pain and discomfort for weeks, months, or years. Not only that but non-visible injuries also affect your ability to get back to your normal life. If this happens, compensation for pain and suffering may help you deal with the physical and emotional impact of the injuries.

Types of pain and suffering may include:

  • Physical pain
  • Prolonged discomfort
  • Mental health concerns
  • Emotional distress
  • Loss of enjoyment of activities in which you were interested in the past
  • Loss of companionship if the injury affects your relationship with your spouse, partner, or family

How is Pain and Suffering Calculated in a personal injury claim?

Insurance company settlements are usually determined by the economic impact the injury had on your life, such as medical expenses or lost wages. These claims are easier to substantiate because they involve bills for medical treatment, physical therapy, medication, and car repairs, proof of wages from pay stubs and tax returns, and a record of time off or missed days from injury-related appointments or issues.

Pain and suffering is known as a “noneconomic impact,” which can be more challenging to appropriately assign a dollar amount to. For pain and suffering, insurance companies determine the value by looking at several factors, including:

  • The extent of your injuries and whether they caused long-term pain.
  • The severity of the accident and the potential for emotional distress.
  • Your day-to-day life before the accident and how your injury may affect your normal work, hobbies, and activities moving forward.
  • Evidence such as witness statements and medical records support your claim of pain and suffering.

Since pain and suffering lacks the traditional paper trail of bills and repair documentation other losses have, insurance companies will often fail to include this compensation from your claim at first. That’s why it’s important to have an experienced personal injury attorney on your side who knows how to fight for this type of compensation and will be a loyal advocate for your rights.

 

Let Harsh Law handle your Personal Injury Pain and Suffering Claim for you

Moving forward an accident can come with enough challenges on its own. Enduring the non-visible injuries of pain and suffering not seen by the naked eye can make matters even worse. Don’t suffer alone, let the expert legal team at Harsh Law work for you.

Get started with Harsh Law today by giving us a call at 909-793-6261 or filling out our online form below. A free consultation with our expert legal team can often be scheduled on the same day.