When someone gets injured in an accident, the physical wounds are often just part of the story. What follows can be sleepless nights, emotional trauma, lost moments with family, and the stress of living life in a diminished capacity. These experiences fall under a category commonly known as “pain and suffering,” and they often make up a significant part of an injury claim’s value. While medical bills and lost wages have clear dollar amounts, pain and suffering require a more thoughtful evaluation.
Types Of Damages That Fall Under Pain And Suffering
Pain and suffering generally include both physical pain and emotional hardship resulting from the injury. This could involve chronic discomfort, mobility issues, anxiety, depression, or the inability to participate in activities once enjoyed. In more serious injury cases, individuals may suffer permanent disfigurement or loss of function, further affecting their daily life and relationships. These consequences carry weight in legal claims, even though they don’t come with a receipt or invoice.
How Damages Are Calculated
No fixed formula applies in every case, but courts and insurance companies often consider the severity of the injury, the recovery time, the impact on the individual’s daily routine, and the expected duration of the suffering. Some use a multiplier method, taking the total of economic damages and multiplying it by a number between 1.5 and 5, based on the severity of the injury. Others may assess a per diem value, assigning a daily rate to the pain experienced and multiplying that by the length of recovery. Regardless of the method, the more clearly pain and suffering can be shown, the stronger the case becomes.
The Importance Of Documentation And Testimony
According to our friends at Presser Law, P.A., proving pain and suffering takes more than just a statement of discomfort. Medical records, therapist notes, photos of injuries, and journal entries can all help paint a clearer picture of what the individual has endured. Testimony from friends, family members, and healthcare providers can also support the claim, helping establish the credibility and extent of the emotional and physical toll. A skilled personal injury lawyer can attest to the value of thorough documentation when presenting a well-supported claim for pain and suffering.
Why This Part Of A Claim Matters
Injury claims aren’t just about covering hospital bills, they’re about helping people find relief and restoration after an accident disrupted their lives. Pain and suffering compensation helps account for the full impact of an injury, especially when someone faces lasting hardship. These damages recognize that not every loss is financial. Mental health struggles, reduced quality of life, and ongoing physical limitations deserve meaningful acknowledgment.
Personal injury lawyers are often focused on helping people pursue the recovery they deserve, and pain and suffering play a key role in that pursuit. While it may be difficult to assign a dollar figure to an emotional loss, we know that living in pain carries real weight. That’s why it’s essential to work with legal counsel that can present these parts of the case clearly and persuasively. If you or someone you care about is trying to recover from an injury, don’t overlook how pain and suffering can affect the overall claim.