If you are exploring the options presented by personal injury claims, you might have heard that one of the most important factors is called pain and suffering. You could be asking yourself what this term entails. This is a key component of many personal injury cases; however, how this term is leveraged by an attorney in a court of law can have a massive impact on the size of your insurance claim or settlement. Therefore, you must be familiar with what this term actually means.
Physical Pain and Suffering
One of the most common types of pain and suffering in a personal injury case is called physical pain and suffering. This is pain that develops specifically from physical injury. This has multiple components. First, this type of pain and suffering encompasses any pain and suffering that the claimant (you) has endured up until that point. Second, this is also used to estimate the pain and suffering that you could endure in the future. This has to be pain and suffering that is a direct result of the actions or negligence of the defendant.
Mental Pain and Suffering
Another major portion of pain and suffering in a personal injury case involves mental pain and suffering. This is mental pain that is a byproduct of the injuries that you have sustained. This could include mental anguish, fear, anxiety, humiliation, or emotional distress that stems from a generalized loss of enjoyment in life. This term encompasses any type of negative emotion that you experienced as a result of your injury.
Some of the most common types of mental pain and suffering in a personal injury case include anger, loss of appetite, sexual issues, and even trouble sleeping. This could even result from PTSD. Therefore, it is important for you to keep records of any evidence of the pain and suffering that you might have endured as a result of your injury.
The Calculation of Pain and Suffering
The reality is that judges do not give much guidance to juries when it comes to the determination of the award related to pain and suffering. Instead, judges instruct juries to use common sense to come to a fair and reasonable figure. As a result, this also means that there is a lot of room to push for a higher award either in a courtroom or at the settlement table. This is where it is important to rely on an experienced attorney who can advocate for your best interests in a personal injury case.
The Emotional Trauma of a Personal Injury Case
If you have been involved in a serious accident, you might think that you have the strength to recover and move on with your life; however, you could also be entitled to financial compensation. Some injuries could leave you with permanent complications that might lead to emotional distress, including pain and suffering. You need to have the representation of an attorney who understands how this impacts your life and how to compensate you fairly for this experience.