Pain and Suffering in a Personal Injury Claim

Some personal injuries hurt people more than physically. The psychological and emotional pain of an injury can be just as damaging, and in some legal systems, the victim may be able to claim compensation for this hardship. In personal injury claims, these benefits are referred to as "pain and suffering" because of what they help the claimant overcome.

Was your personal injury more traumatic than you first expected? No one anticipates being severely injured, but if it happens, overall recovery can be more overwhelming than having to deal with the medical treatment. Call the Coye Law Firm today for a free personal injury case evaluation and consultation. Our injury lawyers want to help you successfully recover benefits you may be entitled to.

 

Pain and Suffering Benefits

Claimants may be able to collect benefits based on the emotional trauma they have experienced. When a person is injured due to another's negligence, some losses are obvious. The cost of medical bills, the wages lost from work , and rehabilitative costs can add up to create serious financial problems after a car accident or slip and fall. But what about the toll that an injury takes on a person's state of mind or ability to live as they normally would? In these instances, the injured person may be able to claim pain and suffering. 

Some states don't have a legal standard of awarding pain and suffering benefits to those who have suffered as a result of their accident. However, Florida and some other states regularly allow claimants to collect benefits based on the emotional trauma they have experienced.

Defining Pain and Suffering

There is no telling how much pain and suffering a person can potentially claim in their case. Pain and suffering benefits are awarded for hardships in one's personal life, so it follows that each person's losses are very different from another's.

A person's pain and suffering award may be calculated based on hardship related to:
  • mental health, such as depression
  • physical scarring
  • physical limitations
  • persistent aches or pains
  • new-found fears after an accident, such as fear of dogs or fear of driving
  • embarrassment of the injury's appearance
  • serious change in their lifestyle
  • inability to care for children or others
If you have had to deal with the emotional and physical effects of a serious accident or injury, an attorney may be able to provide you with your best chances at recovery. When you discuss your accident with a lawyer, make sure to tell them all of the ways that your accident and injury has changed your life. These small details may make all the difference in your settlement for a personal injury case.

When Pain and Suffering is Awarded

Accident victims may be able to claim pain and suffering benefits whether or not their case has gone into litigation. Many personal injury claims are resolved in pre-suit negotiations. If you have suffered emotionally, your attorney will be sure to add those losses into the demand for insurance benefits.

When a personal injury claim turns into a lawsuit, the 
jury is responsible for determining how much the plaintiff is entitled to based on the facts of the case, including their pain and suffering. During the trial, your attorney may ask expert witnesses to testify on your behalf in regards to emotional trauma. For example, psychologists or other professionals may be able to educate the jury on the true cost of your accident. At the conclusion of a case, the jury decides on an award amount that takes medical costs, lost wages, and pain and suffering into account.

If You've Suffered, Call an Injury Attorney

Individuals and families may be able to resolve their accident claims without an attorney, but they stand the chance of not recovering enough benefits to provide for their ongoing care or emotional expenses. A car accident lawyer at the Coye Law Firm wants to help you in this difficult time

 

  • Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

If you'd like to learn more about injury law and your rights, read my book, Sharing the Secrets, Learning the Lies: A Guide to Florida Personal Injury

From this book you will learn… 

  1. The ONE THING you must do within 14 days of your accident (page 46)
  2. The two most important factors in determining case value (page 8)
  3. How to understand what your insurance will and will not cover (chapter 3)
  4. 6 critical steps you must take after an accident (chapter 7)
  5. Why you should not trust the insurance company’s repair shop (page 78)
  6. How to choose the right doctor (chapter 5)
  7. A claim you could make against your own insurance company if your car is damaged, but not totaled (page 87)
  8. The secrets to getting a fair settlement (chapter 10)
  9. An 8-step breakdown of the normal process for lawsuits (page 121)
  10. The one 4-letter word that might cost you (chapter 12)
  11. How to start gathering the most important evidence you need (page 75)
  12. …and more!

Click here to receive your FREE copy now.