When you have been injured by someone else’s negligence you may pursue a personal injury case for your injuries. When you pursue a personal injury claim you may hear unknown terms thrown around from your attorney or an insurance adjuster regarding your health and well being, and you may hear the term, “Pain and Suffering”.
What exactly is Pain and Suffering? It sounds like a pretty broad term and you may not understand what it means. In this article our Utah trial attorneys will be clearing the air and explaining what exactly pain and suffering is, as well as the important role that pain and suffering is in a personal injury claim.
Defining Pain and Suffering
Pain and suffering is thrown around often but it is rarely ever defined. So what is it? Pain and suffering encompasses the wide range of physical and emotional distress that comes after you have been injured due to another person’s negligent actions.
In a personal injury case there are two types of damages. Tangible damages, which are damages that are visible and easily seen. These damages encompass any physical injuries you have received, and property damages that may have been sustained.
Pain and suffering is another type of damage. These are intangible as they are unable to be seen, but that does not change the fact that the damages are there. These intangible damages can range from physical discomfort after the accident, or mental health issues that stem from the trauma of the accident. When it comes to pain and suffering there are two key components, these are:
Physical Pain
Physical pain does not just entail the scarring or bruising you may have suffered from the accident. Your pain can include any physical discomfort that you may feel, as well as any other symptoms that may lie under the surface. These symptoms can include things such as headaches, loss of balance, soreness, or intense agonizing pain.
The pain in pain and suffering encompasses everything from the initial pain at the time of the accident to the ongoing discomfort during your recovery, to any residual and ongoing pain during recovery or even after your treatment has stopped.
Emotional Distress
Beyond just physical pain, you may endure emotional and psychological distress during, and even long after your injury. Common symptoms may manifest after your accident and can include anxiety, depression, fear, disturbances while sleeping, PTSD, and other mental health challenges that arise from the trauma of your accident.
The Importance of Pain and Suffering in Your Case
As Utah trial lawyers we have seen first hand how pain and suffering plays a part in an injury case. This is how it can affect your case:
Determining Damages
Pain and suffering can aid in determining the damages in your case. Most insurance companies place value on your case by the economic damages you received, including the amount of your medical bills or property damage to your vehicle or other property.
Accounting for your intangible losses is crucial in seeking fair compensation, and a skilled Utah trial lawyer will make sure that everything is accounted for, including losses caused as a result of your pain and suffering.
Fair Compensation
A key role of pain and suffering is to ensure that you are properly compensated for your overall losses, not just your financial burdens. Pain and suffering recognizes that the consequences of an injury can extend well beyond the immediate incident, and that everything that you feel is accounted for in your case.
Quantifying and Valuing Pain and Suffering
Valuing pain and suffering is often the more challenging aspect of personal injury cases. Unlike medical expenses or lost wages, which have set monetary values, pain and suffering is very subjective and unique to you. Several factors are considered when determining the value of pain and suffering, including, among other things, the following:
Severity of Injury
The more severe the injury you have, the greater the pain and suffering you will likely have. If you suffer a permanent life altering injury, or develop a permanent disability or scarring, this often results in higher compensation. Pain and suffering is often gauged, in part, by the amount of your medical bills. For this reason, it is important to follow the advice of your doctor, attend all of your medical appointments, and ensure that you are honest and accurate in reporting your pain levels to your treating physician. You should never undervalue the pain you are suffering, and you should always be honest when reporting your pain to your medical care providers.
Duration of Suffering
The longer that you experience pain and suffering, the higher the potential compensation. Chronic pain and long recovery periods are usually associated with greater damages.
Impact on Daily Life
Another aspect that an insurance company may place value on is how your injury affects your daily life. If your injury affects your ability to work, enjoy hobbies, or maintain relationships, the insurance company may place a higher value on your case.
Emotional Distress and Expert witnesses
Evidence of emotional distress, such as therapy or counseling records can be used to support your claim for pain and suffering damages. A medical expert or a mental health professional can provide these testimonies to help quantify the extent of your pain and suffering damages.
Pain and suffering plays a vital role in your personal injury case, and should always be seen as very serious. If you or someone you know has been injured and it was not your fault, do not let yourself suffer in silence. Reach out to the Utah trial law experts at LifeLaw Trial Lawyers. Our team of experts will work tirelessly to build your case, gather evidence, and fight to get you the compensation you deserve. You should not have to suffer lifelong consequences for someone else’s mistakes, give us a call today for a free consultation and to discuss your next steps.