Understanding Pain and Suffering

Understanding Pain and Suffering

We’ve all heard pain and suffering be mentioned in relation to personal injury cases. We know that it is a type of damages for which the victim can be compensated, but the term is still vague. What exactly is considered pain and suffering? When is it granted? How much compensation would a court order for it?

Most damage in a personal injury claim has a specific dollar value to request, such as medical bills, lost wages, or property damage. However, many personal injury accidents carry with them damages that do not have a dollar amount. These damages are what’s covered under the term “pain and suffering.”

There are two types of pain and suffering damages. The first is the physical pain caused by and related to your injuries. Many severe injuries, such as spinal fractures, can cause pain for prolonged periods of time, even the rest of the victim’s life. The second type is emotional duress and pain caused by the accident. This includes depression, post-traumatic stress disorder, or having to change your lifestyle to accommodate your injuries.

Calculating a monetary value for pain and suffering can be difficult, and there is no catch all rule. Typically, the intensity of the pain and how long term it will be can play a factor in the calculation. At the end of the day, it comes down to either an agreement between the parties or the Court’s discretion.

Pain and suffering can be difficult to establish however. With something so subjective, you will have to put a lot of work into proving the extent of your pain. One way you can get ahead of this battle is to keep a regular diary of your pain, and communicate frequently with your friends and family about your discomfort. They will be able to testify in court towards the impact your pain and suffering had on your life.

In order to properly ensure you have a strong case for pain and suffering, you need to make sure that you have a skilled and experienced personal injury lawyer Atlanta GA can count on. An attorney will know the specific laws of your state and be able to lay out the best path for you. Without an attorney’s experience and understanding of the law, it can be nearly impossible to receive any worthwhile amount for pain and suffering.

Of course, no amount of money can correct the wrongs that come with suffering after an injury. However, you deserve to be compensated so that you can move on with your life.

Andrew R. Lynch, P.C.Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into understanding pain and suffering.

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