What makes up pain and suffering?

by Kristen White Blogger

A common type of damage that personal injury victims may be able to receive compensation for is pain and suffering. Before claiming for pain and suffering it is important to understand what is considered as pain and suffering in the court that has jurisdiction of the case. This article will discuss what pain and suffering damages include.

There are many different ways a person suffers pain and suffering for which they may be able to receive compensation through a personal injury claim. However, the specific pain and suffering that warrants compensation is dependent upon specific circumstances in the case and case law that is relevant to your claim. Some general forms of pain and suffering include physical pain and suffering and mental anguish.

Physical pain and suffering
This is when pain is physical; it is the easiest form of pain and suffering to define. If a person is injured in a car accident they may experience physical pain as a result of the physical injuries they have. This aspect includes any pain and suffering that was the direct result of the accident. For example, the pain experienced while a leg is broken or a person who is suffering from whiplash. This pain and suffering also includes the detrimental effects that the victim will likely suffer in the future as a result of the defendant’s negligence.

Mental anguish

Mental anguish is basically mental pain and suffering that a victim suffers. This damage includes mental anguish, emotional distress, the loss of enjoyment of life, anxiety, shock and humiliation. The degree of one’s mental anguish varies greatly from one case to the next based on the specific circumstances of the case.

For example, when a person is attacked by a dog, the victim may suffer extreme fear of animals for years after the attack. As a result, the victim may receive ongoing counseling. ‘Both the monetary aspect of the claim involving psychological counseling and the fear may be compensable.’ It must be noted though that if the injury results in physical disfigurement this may increase the value of the pain and suffering component of a claim.

Any negative emotion that results from the incident and that is attributed to by the physical pain or trauma of the accident may be included in a claim. Common negative emotions may include:

Depression
Lack of energy
Mood swings
Sleeping problems
Anger
Post-traumatic stress disorder

It is important that each individual circumstances be evaluated so as to determine the full extent of the damages. As with physical pain and suffering, both the immediate damages and the likely future consequences can be considered. There have been some instances where the emotional effects of an accident outweigh the physical ones. For instance, where the mental effect of the accident prevents the victim from returning to work; when this is the case the victim’s loss of wages and earning capacity may be taken into consideration.

Calculating pain and suffering damages can be difficult as it is not based on quantifiable elements. To find out the worth of your pain and suffering speak to one of the best attorneys in Anchorage Alaska today.

Opting for a free initial consultation with a car accident attorney near me will help in clarifying all your doubts.