A plaintiff seeks pain and suffering damages from the defendant in personal injury lawsuits. These damages are economic, meaning quantifiable losses such as lost wages, reduced earning capacity, and medical bills, and non-economic damages, which are non-quantifiable, and include pain and suffering and loss of enjoyment of life. Pain and suffering refers to the physical and emotional effects of the accident. These non-economic damages are more subjective and difficult to measure but are commonly awarded in personal injury lawsuits.
The Two Types of Pain and Suffering, Physical and Psychological.
Physical Pain refers to the victim’s physical discomfort, pain, or limitations caused by the injury.
· Immediate pain from the injuries, such as burns, lacerations, or broken and fractured bones
· Ongoing pain during recovery, which includes post-surgical pain as well as pain during the recovery period and rehabilitation
· Chronic pain that is permanent and long-lasting even after the recovery period
The psychological impact of an injury can have many facets.
· Anxiety, depression, and emotional distress are common for victims to experience
· Loss of enjoyment of life happens when the victim can no longer enjoy and engage in activities or hobbies previously enjoyed.
· Fear, embarrassment, or trauma may result if the patient has scarring and disfigurement
· Post-traumatic stress disorder (PTSD) or insomnia can also disrupt the victim’s life
· Loss of companionship, affecting relationships with family members, may be the case if injuries are long-lasting, permanent, and in personal injury matters that include wrongful death
Compensation for pain and suffering damages varies. While there is not a one-size-fits-all approach to personal injury settlements, generally, the factors that will affect the settlement include duration of recovery, long-term impact on daily life and work, permanent disability or disfigurement, and emotional and mental trauma and the associated long-term effects.
How Can I Prove Pain and Suffering?
After an accident, it is important to keep as many records as possible, including medical records, work records, and in some cases, keeping a journal that describes your recovery may also be helpful. Ultimately, however, it is important to take the following steps so that you receive fair compensation for your injuries and pain and suffering.
Keep your Records and Any Medical Documentation
· Medical records, including injury details, treatment, and recovery progress, are vital for proving pain and suffering.
· Doctor’s notes and specialist evaluations: Keep these records as they outline injury severity, pain, and treatment.
· Notes from specialists (e.g., physical therapists, psychologists) can document ongoing pain and trauma.
· Prescriptions: Medication prescribed for pain management serves as evidence of your suffering.
· Pain scales: Ratings (1-10) quantify daily pain levels, helping to illustrate your experience. Over time, this record may be a strong indicator of the pain that you have endured since the accident.
Testimony from Medical Experts
· Medical Experts Experts can be witnesses who provide testimony to the pain and suffering that you have endured. These specialists may be physicians, psychologists, and psychiatrists.
· Psychologists and psychiatrists may be especially helpful in testifying about the psychological and emotional impact of the injury, which may have included diagnoses such as PTSD, anxiety, depression, and other forms of mental distress.
· Counseling and therapy notes are also important points of persuasion for insurance companies in determining the value of a personal injury claim.
· Experts may provide cognitive or emotional assessments that can illustrate how the injury has impacted your ability to function on a day-to-day basis and mental health.
Personal Journal and Testimony
Often, your own account of your recovery and the hurdles you have faced is a powerful piece of evidence when proving pain and suffering damages. If possible, writing in a journal that documents how the injury affects your life, including physical pain and emotional struggles, may also be used as compelling evidence for your case. Details may include your emotional ups and downs, impact on work, relationships, hobbies, and social life. This record may be used in the settlement process or in court, if necessary.
Testimony from Family and Friends
In some cases, people who know you well may also provide testimony about your recovery, and how your injuries have affected your ability to live the life that you had before. For instance, a spouse or partner’s testimony could be a powerful tool to demonstrate the pain and suffering that a loved one has gone through. In other instances, a coworker or friend may also attest to how the accident and injury has affected someone’s capacity to work and socialize.
Take Photos and Videos of Your Accident and Recovery
· Take pictures of your injury: Pictures of your injury can provide powerful documentation for your settlement.
· Videos of recovery: Injuries can affect how you move and perform daily activities. A video that documents this struggle can demonstrate the extent of your pain and suffering.
Duration and Severity of Pain
Long-lasting pain shows the severity of an injury. Typically, the longer the pain continues, the value of the pain and suffering claim increases.
· Chronic pain: If your pain is chronic and needs on-going prescription medicine and physical therapy for months or in some instance, years, after your accident, then the case will have additional evidence of pain and suffering.
· Disabling or Permanent Injury: Injuries that cause long-term disabilities or disfigurement also impact pain and suffering damages.
· Ability To Get Through Day-to-Day activities: Life after an accident may never be the same. This makes day-to-day living very different from before the accident and in many cases, can cause emotional anguish for the victim.
Hobbies, activities, and time with loved ones can no longer be enjoyed, making the physical and emotional pain all the more difficult. Showing this kind of loss is a point of persuasion in settlements that are determining the value of someone’s pain and suffering.
Presenting a Strong Case for Pain and Suffering Damages
Stay consistent in your narrative about your recovery. When describing your recovery to doctors or in legal settings, maintain factual and consistent details about your condition. Strong, consistent evidence of how the injury affects your life is key to fair compensation. An experienced personal injury attorney can guide you on gathering the necessary evidence and help navigate the process of proving pain and suffering to an insurance company.
What Will My Compensation Be for Pain and Suffering?
No two personal injury cases are alike, and settlement amounts vary widely depending on the details of the accident, including the cause of the accident and the extent of the injuries that the victim incurred. Compensation for pain and suffering will largely be determined based on the severity of the injury and the emotional toll that the victim endured. The amount will also depend on whether or not the plaintiff shares any liability with the defendant.
If there is shared liability, a percentage of the settlement will be reduced according to the amount at fault.
If “the plaintiff” is found to be 10 percent at fault but receives a $100,000 settlement amount then the amount will be reduced by $10,000. Therefore, while there is not an “average” settlement amount. Hiring an experienced personal injury attorney is the most secure way to reach a settlement that is fair and just.