Pain and suffering as it relates to a personal injury case.
“Pain and suffering” is simply a term used to describe the physical pain and emotional distress one has endured as the result of a personal injury. Pain and suffering is just one category of damages that you may pursue in a personal injury claim or lawsuit. Other types of damages can include medical expenses incurred, lost wages, a diminished earning capacity, loss of consortium, etc.
Pain and suffering differs from one person to the next; that being said, suffering some kind of physical and emotional trauma after a car accident or other type of personal injury is normal and expected. Pain and suffering can range from mild (e.g., discomfort caused by a relatively-minor injury) to very serious (e.g., chronic back pain, migraines, disfiguring scars, PTSD, etc).
Our brains respond to external trauma by interpreting it as pain. This pain can be quantified in a number of ways, but it’s always best to have your attorney prove up your damages and prepare your official demand.
While seeking compensation for pain and suffering is extremely common, it is unlikely that you will win a claim based on pain and suffering alone, if there is no verifiable evidence of a physical injury (i.e., medical bills). For this reason, it’s vital that you seek medical attention as soon as possible following an injury. Failing to do so only gives credence to the insurance company’s inevitable argument that you did not actually suffer an injury.
When it comes to determining the value of your pain and suffering claim, your attorney will take several factors into account, such as:
Claims involving pain and suffering are going to be heavily contested by the insurance company, which is why it’s best to work with a good Dallas injury lawyer who has fought these same insurance companies before and can provide you with the best opportunity to win your case. Not only will hiring an experienced lawyer give you much-needed leverage when it comes to negotiating a settlement, but your attorney will have in-depth knowledge of the claims process and will not let the insurance company take advantage of you.