What is Pain and Suffering and Are You Able to Claim it for Your Case?

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:

1. Your attorney will have an expert witness evaluate the extent of your injuries by way of examining medical charts as well as the doctor’s objective report. They will then compare this information with other cases where the victim sustained the same type of injury under the same circumstances in order to determine what courts are likely to award, should the case go to trial.
2. Your legal team will also look at how bad your injuries are, and how long it will take for you to make maximum medical recovery.
3. When it comes to things like depression, anxiety and PTSD, they will need to get a medical report from your prescribing doctor as well as take stock of the medications you are taking and how long it will take you to experience relief.
4. Your age, sex and position in life will also come into play, as these will inform how well you’ll be able to bounce back from your injuries, as well as whether or not your quality of life or lifespan will be impacted by your injuries.
5. Your attorney will also work to determine what limits these injuries will place on your movement and ability to perform work-related duties on a day-to-day basis.

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.