What is Pain and Suffering in a Personal Injury Case?

gavel in front of scalesOne of the most common forms of compensation you may be entitled to in a personal injury case is pain and suffering. This refers to the physical and mental pain and suffering caused by your injuries.

The monetary value of pain and suffering is difficult to determine, which is why it helps to work with an experienced Baton Rouge personal injury lawyer. The attorneys at Simien & Simien have a detailed understanding of what qualifies as pain and suffering and how to value these damages.

The Basics of Pain and Suffering

There are two types of pain and suffering: physical and emotional. Physical pain and suffering refers to all of the pain and discomfort you experience now and will likely experience in the future because of your injuries.

Emotional pain and suffering refers to the mental and emotional issues caused by your injuries. This could include:

  • Mental anguish
  • Emotional distress
  • Lost enjoyment of life
  • Fear
  • Anger
  • Humiliation
  • Anxiety
  • Shock
  • Depression
  • Loss of appetite
  • Lack of energy
  • Sexual dysfunction
  • Trouble sleeping

Calculating Pain and Suffering

One of the most frequently asked questions about personal injury claims is how our attorneys determine the value of your damages. People are particularly unclear about how to value non-economic damages like pain and suffering.

The value of your pain and suffering is loosely associated with the cost of your medical bills, but this is just one of many factors that go into calculating pain and suffering. Other factors that go into this calculation include:

  • How your injuries have interfered with your daily life
  • The shock of the impact
  • Limitations on activities due to your injuries or pain
  • Inability to work
  • How your injuries affect your enjoyment of life
  • Restrictions related to your interactions with your family
  • Emotional trauma
  • Mental anguish
  • The types of ongoing treatment you need

Proving a Claim for Pain and Suffering

Many times, the best evidence you can present of your pain and suffering is your description of how your life has changed after the accident.

Unfortunately, a judge or jury may be hesitant to take your word alone when it comes to awarding this type of compensation. Instead, you will need to tell your story and provide other information, such as:

  • Medical records
  • Medical bills
  • Photographs of the injuries or damages associated with the accident
  • Medication information
  • Testimony from family members or friends
  • Documentation from your employer to show time away from work

Contact an Attorney Today for a Free Consultation

One of the best things you can do to help prove your pain and suffering damages claim is to work with an experienced personal injury attorney. Your lawyer will be able to help you gather evidence and try to present a strong case to an insurance company or jury.

Our firm offers a free, no obligation legal consultation where you can discuss your situation. If we take your case, we will provide our services on contingency, this means there is no fee unless you receive compensation. 

Call Simien & Simien today to set up a free consultation. (800) 374-8422

If you are looking for a law firm that has knowledge and experience, you will find it with Simien & Simien, LLC.

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