Most people must have heard the legal phrase pain and suffering but they not know that it is a critical element of a majority of personal injury cases in California. So, what is pain and suffering from a legal point of view? Pain & suffering is a legal term that refers to a group of injuries that a person may suffer as a result of an accident.
Pain and suffering aren’t just about the physical pain alone, but it also encompasses both emotional and mental injuries that you may go through as a consequence of the accident. The physical pain may be caused by pains from aches and bruises or broken bones, burns, or damage to internal organs. Emotional and mental injuries mostly occur as a by-product of the bodily injuries and may include:
- Fear
- Shock
- Insomnia
- Embarrassment
- Terror
- Nervousness
- Apprehension
- Emotional Trauma
- Grief
- Irritability
Extreme mental and emotional pain and suffering may include mood swings, loss of appetite, lack of energy, anger, and depression. In other cases, pain and suffering can result from the medical treatments such as surgery that you have to undertake as part of your prescribed treatment or rehabilitation. While the economic losses may be straightforward to calculate, dealing with pain and suffering is much more difficult, and you’ll need to get an experienced legal professional to help you.
Examples of Pain and Suffering
Let’s critically evaluate a few examples of how vehicle accident victims may experience pain vs suffering.
Let’s start by evaluating more a severe car accident case. Let’s assume that you were involved in a severe car crash that caused multiple broken bone fractures along with a serious concussion. As a result of these bodily injuries, you become depressed, experience a considerable loss of appetite, and start having difficulty sleeping. These problems push you to see a therapist and a psychologist. All these issues that you’re experiencing are as a result of the accident, and therefore, you are right to claim compensation for the emotional and mental suffering you’re going through.
Sometimes the emotional and mental suffering pains can get worse such that they prevent the plaintiff from resuming job even after the bodily injuries heal. In such a case, the claimant becomes depressed and terrified. In this case, the victim is entitled to claim compensation related to mental suffering and pain.
How Do You Prove Pain and Suffering?
Pain and suffering claims may take various forms due to the abstract nature of the case and the more evidence you have to support your claim, the higher chances you stand to win the case. Many people still don’t know how to claim pain and suffering compensation and would rather suffer pain in silence. Before you file a lawsuit, make sure that you have all the documentation detailing the extent of your injury and the accompanying suffering and pain. Whichever method you choose to claim for pain and suffering make sure that you have at least the following documents to support your case:
- Clear photographs of your physical injuries
- All medical reports
- Prescription receipts
- Medical bills for X-rays, therapy, emergency room visits, and ambulance costs
- All over-the-counter medication receipts
- Proof of lost wages
- A log of all the medical treatments you have undertaken, all activities you’ve missed, and pain.
Supporting documentation from family members and friends can also be crucial in providing additional evidence of the way the injury you suffered has affected your life. Proof of treatment by a mental health professional after an accident also serves as concrete evidence that you experienced significant pain and suffering and this should be noted in all the medical records that you provide.
Experienced California Pain and Suffering Attorney at Johnson Attorneys Group can Help You with Your Pain & Suffering Case
Insurance companies have employed a team of experts to ensure that they pay the lowest amount of money possible for your pain and suffering. The only way you can fight these experts to get a fair compensation is by hiring Johnson Attorneys Group to handle your case. Our legal professionals are experienced in dealing with the abstract nature of the pain and suffering claims in California and will use their experience to help you get the right compensation. They will also help you gather concrete evidence and present your pain and suffering claim in a way that is most likely to have a favorable outcome.
Have you been involved in a severe accident or tired of suffering pain? Call an experienced California personal injury attorney at Johnson Attorneys Group 1-800-208-3538 today for a free case evaluation. We promise to take up your case, and we will not ask for any legal fees unless we win or settle your case.
