Accidents

Understanding Pain and Suffering in a Personal Injury Case

The Importance of Evaluating Pain and Suffering in a Personal Injury Claim

Suffering is an inevitable consequence of human existence. This is particularly true after a person has been injured in an accident. Depending on the severity of a person’s injuries, pain and suffering might be little more than a minor annoyance. For those who have been seriously injured, the pain and suffering that they experience can be long-lasting and debilitating. There are several ways that pain and suffering can impact a personal injury claim.

Physical and Emotional Toll

Accidents can impart a tremendous physical and emotional toll on victims. What follows are some of the common issues that people can experience after an accident.

  • Accident victims may sustain chronic pain. This is particularly true when an injury results in broken bones or damage to a person’s spinal cord.
  • Accident victims often experience long-term psychological trauma such as anxiety and depression, even after their physical injuries have healed.

Medical records and expert testimony can help demonstrate the severity of a person’s injuries. It is fairly common for insurance providers to downplay the substantial impact that pain and suffering can have on an individual.

Impact on Quality of Life

The pain and suffering that people experience virtually never occurs in isolation. It can impact every part of a person’s life.

  • Chronic pain can lead to mobility issues and long-term health effects. For example, it may cause a person to be less active, which then leads to them being at risk for many other health conditions.
  • Pain and suffering can also impact a person’s ability to enjoy their hobbies or even to simply perform daily activities.
  • In many cases, pain and suffering from an accident can lead to struggles with work and relationships.

In most cases, plaintiffs can receive compensation for the economic damages that they’ve suffered. This will include lost wages and medical bills. But they can also be compensated for the non-economic damages that they suffer, such as pain and suffering.

Financial Impact of Pain and Suffering

In addition to the physical consequences of pain and suffering, there are also financial implications to suffering from long-term pain as a result of an accident.

  • There are often increased medical expenses related to treating chronic pain. Victims may need to undergo extensive periods of rehabilitation or therapy.
  • A person’s pain and suffering can be so severe that it causes them to miss out on work opportunities.

There is no set formula for how courts will award damages for how a person’s pain and suffering can be compensated. It is therefore crucial that accident victims are represented by experienced legal counsel who are able to successfully demonstrate how their client has been impacted.

Getting Legal Help After an Accident

Pain and suffering can affect all aspects of a person’s life. It can make certain activities unbearable. This can be particularly devastating when chronic pain results in a person being unable to return to their previous profession. It is important that accident victims understand that they do have legal options when they’ve been impacted by pain and suffering.

Have you or someone that you love suffered from chronic pain as a result of an accident? You may have legal recourse. Our team of personal injury attorneys is here to help in any way that we can. We fight tirelessly to help accident victims be adequately compensated for both the economic and non-economic damages that they’ve suffered. Whether you just have legal questions or are wondering how an attorney might be able to help, we are here for you. You can reach out to us anytime at (516) 908-9792.

Jeff S. Korek, Senior Trial Partner

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