How Pain and Suffering Are Calculated in Personal Injury Lawsuits
Personal injury claims are based on the negligence of the at-fault party, and typical examples include traffic accidents of all kinds and slip-and-fall accidents. In such claims, you can seek compensation for both economic damages, like your medical expenses and lost earnings, as well as non-economic damages, which include your physical and emotional pain and suffering.
While your pain and suffering can be more challenging to calculate in terms of value, this category of loss can be immense, and carefully assessing your losses in this arena will play an essential role in your recovery. To fully recover compensation for your complete losses, including your pain and suffering, you need an experienced Pottsville personal injury attorney backing you up.
Evaluating Your Pain and Suffering
Your pain and suffering in the wake of a violent and terrifying accident can be overwhelming, but attaching a value is complicated. The pain and suffering you experience will be unique to you and the specific circumstances of your claim, but it is essential to acknowledge that it is all too real and can take any of the following forms:
- The emotional impact of chronic pain
- Any ongoing emotional or mental anguish you experience
- The emotional consequences of scarring or permanent disfigurement
- Associated apprehension, such as fear of getting back behind the wheel after a car accident
- The indignity or embarrassment you experience
- Symptoms related to PTSD, such as difficulty concentrating and increased anxiety or depression
It is also essential to recognize that these emotional consequences can exacerbate the adverse effects of your other categories of loss and can exceed them in terms of overall claim value.
Proving Pain and Suffering in Your Personal Injury Claim
As mentioned, the pain and suffering you experience will be specific to you, which means you will need to prove its extent to the insurance company or presiding court. To accomplish this, there are different forms of evidence you can turn to.
For example, your journal entries can help define the ways your life has been affected by the injuries you’ve sustained. Testimony from those who know you well, regarding the changes they have witnessed in you, can go a long way toward backing up your account.
Other primary forms of evidence that can play a pivotal role in the outcome of your claim include all the following:
- Photos and videos of your physical injuries
- Your medical team’s reports and formal documentation of your physical injuries and emotional setbacks
- Medical records regarding the severity of your injuries
This evidence, along with relevant information, such as your age and the level of economic losses you’ve suffered, will help establish the value of the pain and suffering you’ve endured as a result of the at-fault party’s negligence.
You Need an Experienced Personal Injury Lawyer on Your Side
The reliable personal injury attorneys at Fanelli, Evans & Patel, P.C., proudly serving Pottsville, PA, are poised to advocate on behalf of the compensation you deserve, and we welcome the opportunity to do so. Learn more by contacting us online or by phone at 570-622-2455 today.