Understanding Pain and Suffering in Personal Injury Cases

Pain and suffering are the terms used to describe the physical and emotional pain one goes through after being injured in some way due to the carelessness of another. While the costs of medical treatment and lost income are certainly a factor in a personal injury case, pain and suffering represent those other damages that are based upon the experience of living with an injury every day.

California is a large state with many different environments — especially in places such as Los Angeles, where traffic congestion, urban construction, and crowded neighborhoods all contribute to the potential for an automobile accident (or pedestrian/ bicycle accident) to occur.

The impact of an injury can be felt long after the accident. Working with a Los Angeles injury law team from the very beginning will allow you to understand better how pain and suffering may apply to your specific claim.

What Does "Pain and Suffering" Mean?

"Pain and Suffering" includes both the physical and emotional aspects of an injury. Physical damage may be chronic pain, limited movement, or long-term complications resulting from the injury. Emotional damage may be anxiety, fear, trauma, or disruption in a routine.

Insurance companies and courts usually evaluate how the injury has changed your life. For example, if you can no longer participate in activities you once enjoyed or are unable to sleep at night because of the injury, these issues may add to the overall amount of money you receive for your claim.

How Do Attorneys Prove Pain and Suffering?

Lawyers typically prove pain and suffering using the following types of evidence:

1. Medical Records documenting the extent of your injury

2. Treatment notes from therapists or mental health providers

3. Statements from family members or friends who have observed changes in your behavior

4. Journals or written statements you have made about the difficulties you face each day

What Elements Are Used To Determine Compensation?

Insurance companies and courts generally use the following elements to determine how much compensation you should receive:

• The severity of the injury.

• Length of time required to recover from the injury.

• Whether the injury resulted in permanent limitations.

• The extent to which emotional distress was documented.

Approximately 43.5 million individuals visit emergency rooms in the United States annually for injuries. Many of these visits result in prolonged pain or emotional trauma that supports additional compensation for pain and suffering.

Why Is Pain and Suffering Important?

Pain and suffering provide an opportunity for the court system to award fair compensation for the human experience surrounding an injury and the subsequent difficulties encountered by the victim.

Important Points

• Pain and suffering represent both the physical and emotional aspects of an injury.

• Evidence must clearly demonstrate how the injury affected your life.

• When evaluating your claim, courts examine the severity of the injury, the length of time required to recover, and whether the injury resulted in long-term limitations.

• Fairness of the compensation award is based upon more than just the financial loss.

​

Here are some other articles related to your search: 

• Why Injuries at Home Are More Common Than You Think
• Navigating Insurance Claims with a Car Accident Attorney
• Behind the Gates: How Personal Injury Law Protects Luxury Homeowners from Hidden Hazards