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How Can You Demonstrate “Pain and Suffering” After an Injury?

by | Dec 12, 2021 | Personal Injury |

Have you been injured in an accident? Have you received injuries because someone else was negligent? Our personal injury attorneys will help you understand what counts as pain and suffering and will help you get the compensation that you deserve.

How Can Personal Injury Attorneys Prove “Pain and Suffering” After an Injury?

If you’ve suffered a personal injury because of someone else’s negligence, we understand how frustrating and painful that can be. We also understand how important it is for you to get the financial compensation you deserve. One of the ways we do this is by proving that you have experienced pain and suffering due to your injuries.

The concept of pain and suffering can seem broad and ill-defined. But we’ll help you understand what exactly these terms mean, and we’ll make sure that you get the compensation you need for having experienced them.

What Exactly Are “Pain and Suffering?”

This is a legal term that refers to both physical pain and emotional pain that you may have experienced following an accident or personal injury. If the pain that you have post-accident is considerable, then you could be entitled to compensation.

Let’s take a look at what actually constitutes physical and emotional pain and suffering.

What Is Physical Pain and Suffering?

If you have received any physical injuries from your accident, then you’re entitled to receive compensation for any medical bills, missed wages, or general distress that accompanies these injuries.

Physical injuries incurred from an accident due to someone else’s negligence can have long-lasting effects. Your injuries could last days or longer. Some of this pain could become chronic, and you might have to deal with it for the rest of your life. Here are a few examples of the types of physical injury that you could receive compensation for:
•    Fractured or broken bones
•    Damage to your internal organs
•    Damage to your nerves
•    Back pain
•    Neck pain
•    Dislocated joints
•    Pulled muscles
•    Brain injuries
•    Paralysis

What Is Emotional Pain and Suffering?

When you hear the term “pain and suffering,” most people immediately picture physical injuries. But anyone who’s experienced a personal injury knows that that isn’t the only type of suffering one might have.

There are emotional damages that can come with an accident and an injury. This refers to mental distress or trauma that can last for a few days or even for years. There are a few different ways that mental and emotional distress can affect you. Here are some examples that could qualify for pain and suffering compensation:
•    Grief
•    Fear
•    Anger
•    Insomnia
•    Psychological trauma
•    Post-traumatic stress disorder
•    Cognitive changes because of a head injury
•    Anxiety
•    Depression

Loss of Consortium

This is another type of suffering that you might be entitled to compensation for. If an accident caused by the negligence of another person has resulted in the death of a loved one, then you can make a wrongful death claim on behalf of the deceased. The compensation you receive from this claim can help with the loss of consortium.

This type of pain refers to the suffering that the loved ones of the deceased experience. If you have lost a family member due to an accident and have lost the following as a result, you could qualify for financial compensation:
•    Companionship
•    Care
•    Spousal intimacy
•    Parental guidance
•    Affection and love

How to Prove Pain and Suffering

If you are seeking out compensation for the injuries and suffering that you’re experienced from an accident, then you will need to prove to a jury that this is something you have been dealing with.

There are a few different ways that you and our personal injury attorneys can help you provide the necessary proof for the jury to see. Here are a few examples of the types of documents that you can use:
•    Medical bills
•    Doctor’s notes
•    Notes from a therapist or mental health counselor
•    Photographic evidence of your injuries
•    Journals detailing your pain

How Your Personal Life Has Been Affected

Another thing that personal injury attorneys will do to help you get compensation is that they will show how the injury you’ve received has affected your life overall. If the injury you’ve received has affected your ability to participate in the daily activities you used to enjoy, then your attorney can use that as evidence.

For example, if you used to enjoy gardening but physical injuries have prevented you from performing this activity, that’s evidence of your pain and suffering. After your injury, it’s a good idea to keep a detailed list or journal of the ways your injury has affected your personal life, and the types of activities you used to enjoy but are now unable to without pain.

How Your Work Life Has Been Affected

Your work life is a major part of your life. Working is how you afford to pay bills, eat well, and enjoy various activities. But if your injury has affected your work, then doing all these things becomes much more difficult.

If you can prove your work life has been affected by your injury, then you may be able to receive compensation. For example, you may have had to miss work, or your injury could result in your demotion. Alternately, you might have missed out on opportunities for advancement or overtime pay.

How Your Emotional Health Has Been Affected

If your mental health has been damaged because of your injury, then proving that to the jury can help you get the compensation that you need.

There are several different ways that your emotional and mental health may have been affected by your injury. You might find that you are avoiding activities that you used to enjoy because of the emotional response they now elicit, or you might find that you feel more disconnected from your friends and family.

How to Calculate Pain and Suffering

One of the things involved in getting your compensation from your injury is calculating the pain and suffering you have experienced. Because every individual case is different, there are a couple of different ways this calculation might be performed. Our personal injury attorneys will help determine which method is best for your case.

Multiplier Method

This is the first way that your pain and suffering might be calculated. This is done by first adding up any special damages you have incurred because of your injury. These damages include medical bills, lost wages, and property damage.

Once these factors have been added up, the total will be multiplied by a number between 1.5 and 5. The exact number will be determined during negotiations and is usually based on the severity of the pain and suffering and how they have impacted your daily life.

Per Diem Method

The second method of calculation is the per diem method. This method involves assigning a daily dollar amount to every day starting from the day of the accident to the day where you reach the point where your medical condition can no longer improve.

Get In Touch with Our Houston Lawyers

Incurring a personal injury is never fun. If your injury due to the negligence of another party has resulted in pain and suffering, you deserve compensation. Work with the best personal injury attorneys in Houston when you get in touch with Gamez Law Firm.