Pain and suffering are integral components of many personal injury cases, yet they are often the most challenging aspects to address. While physical injuries can be documented with medical records and photographs, the emotional and psychological toll is far more subjective. This difficulty makes pursuing compensation for pain and suffering a nuanced, but not impossible, task, even with the assistance of a personal injury lawyer. Continue reading to learn more about What Mental Health Docs has to say about filing for pain and suffering.
What Is Pain And Suffering?
Pain and suffering refer to the physical discomfort and emotional distress caused by an injury. Physical pain can include chronic discomfort, limited mobility, and other ongoing complications from the injury. Emotional suffering often encompasses anxiety, depression, post-traumatic stress, or a reduced quality of life. Together, these elements reflect the overall impact an injury has on a person’s well-being.
Why Proving Pain And Suffering Can Be Difficult
Unlike medical bills or lost wages, pain and suffering lack concrete numbers or definitive proof. This ambiguity makes it necessary to rely on compelling evidence and strong arguments to demonstrate the severity of the impact. Insurance companies often push back on claims for pain and suffering, attempting to minimize payouts by questioning the extent of the emotional or physical toll.
Key Evidence To Strengthen A Claim
Gathering and presenting evidence is critical when seeking compensation for pain and suffering. Some forms of evidence that can help include:
- Medical Records: Documentation of ongoing treatments, prescriptions, and doctor’s notes can illustrate the lasting effects of an injury.
- Expert Testimony: Medical experts, psychologists, or other professionals can provide insights into the pain or emotional distress caused by the injury.
- Personal Journals: Written accounts detailing how daily life has been impacted by the injury can offer valuable insight into the personal experience of pain and suffering.
- Witness Statements: Family members, friends, or colleagues can testify to changes in the injured person’s behavior, mood, or quality of life.
Experienced personal injury attorneys will know how to navigate a claim and decide whether or not mental health should be included in it.
Methods Used To Calculate Pain And Suffering
Courts and insurance adjusters often use two common methods to calculate pain and suffering:
- Multiplier Method: This approach multiplies the total economic damages (such as medical bills and lost wages) by a number between 1.5 and 5, depending on the severity of the injury.
- Per Diem Method: This method assigns a daily value to the suffering and multiplies it by the number of days the individual is expected to endure the pain.
While these methods provide frameworks, each case remains highly individualized.
Why Legal Representation Makes A Difference
Navigating the complexities of pain and suffering claims often requires experienced legal guidance. A skilled lawyer understands how to present evidence persuasively, negotiate with insurance companies, and advocate for fair compensation. Their ability to connect the legal and emotional aspects of a case can significantly impact its outcome.
Take The Next Step
If pain and suffering have drastically affected life after an injury, it is essential to take action. Our colleagues at Strong Law Accident & Injury Attorneys know that with the right legal guidance, pursuing compensation is not only possible but can lead to greater peace of mind. Reach out to a knowledgeable personal injury attorney today to discuss the details of the case and explore the best options for achieving justice.