Understanding Pain and Suffering in a Personal Injury Case

Author: Mesriani Law Group
Posted on: May 12, 2021

Injury to the physical body, mind, and emotions sustained in an accident is what Personal Injury basically is. These injuries may occur from accidents such as car collision, slip and fall, animal attack, general negligence, medical malpractice, and the like. Pain and suffering are the effects of the injuries sustained from these accidents, however, in a legal perspective, what is pain and suffering?

Pain and Suffering Defined

The physical and emotional pain associated with your injury is what defines your pain and suffering. It has two parts: physical and mental.

Physical Pain and Suffering are the actual physical injuries of the plaintiff from the accident. It may be in the form of abrasions, lacerations, hematomas, broken bones, joint dislocations, sprains, strains, burns, amputation that may result in irreversible physical disability.

Mental Pain and Suffering are the side effects of the physical or bodily injury sustained by the claimant. It includes mental torture, emotional distress, life-long trauma, uncontrollable fear and anger, inevitable humiliation, anxiety, shock, and depression. Basically, mental pain and suffering are any kind of negative emotion that an accident may cause to the claimant resulting in trauma.

Physical and mental pain and suffering is the agony and trauma that the claimant has suffered to the present date and the undesirable effects he or she is likely to endure in the future due to the negligence of the other party.

Pain and Suffering Scenario

In a scenario where the claimant is a young upcoming athlete on his daily routine returning from training, his surroundings and the people he encounters daily are familiar, making him calm and letting his guard down. Unfortunately, he got involved in a car accident when a car driving on the opposite side of the road swerved uncontrollably causing the vehicle to side-track and crash at the sidewalk unexpectedly hitting him. When the authorities and ambulance arrived, he was conscious but in great pain. The injuries he sustained were severe but luckily not life-threatening. It made him stay in the hospital for several months due to surgery and therapy. His injuries also caused him to receive medications for life, and unfortunately became an amputee.

The physical injuries he sustained gave him depression and post-traumatic stress disorder preventing him to go to public places without having a breakdown. As an amputee, he can no longer achieve his athletic goals and lifelong dream of being an Olympian.

All that the claimant has suffered due to the accident fall in the category of pain and suffering.

The Value of Pain and Suffering

How do you put value into an imperceptible circumstance?

To validate your pain and suffering, you can collect and present the following:

  • photos of the accident and injuries
  • doctor’s medical reports and recommendations
  • recorded testimonies of how the accident and injuries have changed your life from you, your family, and friends

Under these circumstances, best way to prove your pain and suffering would be to hire an attorney that can help you gather substantial proof of your injuries and negotiate a favorable compensation with the other party.

Mesriani Law Group can help you evaluate your case and guide you to the right steps on how to achieve maximum compensation for your pain and suffering.