If you have been injured in a car accident, your injuries will go beyond physical bruises and scrapes. Car accident victims routinely experience long-term pain and suffering following the accident.
Pain and suffering isn’t as easy to prove as a broken bone, where an X-ray can inarguably show the damage. With emotional injuries, you will need to work with an excellent car accident attorney to help calculate the value of your pain and suffering and pursue damages.
Langdon & Emison offer free consultations to help victims like you learn how to prove pain and suffering from a car accident. Call us today to schedule your no-obligation consultation.
What is “pain and suffering”?
Pain and suffering is a legal phrase that refers to losses suffered by victims after a car accident. It is one of the categories for damages that you can claim if you have been injured due to another individual’s negligence.
Pain and suffering can refer to the emotional trauma that comes with injuries. For example, if you broke a bone, you may have to endure at least six weeks of intense pain. The at-fault driver shouldn’t just be responsible for paying your medical bills, they should also be liable for the suffering you have to endure while it heals.
Another example of pain and suffering is having a diminished quality of life due to an injury. If you are unable to see friends due to a broken back or are unable to enjoy life due to the pain of an injury, this suffering should be compensated.
General Damages
Pain and suffering is a type of general damages. General damages refer to damages that are not strictly financial losses. This includes mental illnesses, new phobias, pain and suffering, loss of quality of life, and disfigurement.
Although these damages do not come with an invoice that makes them easy to calculate, they can recover damages. Work with a skilled car accident lawyer to get the maximum compensation for your pain and suffering.
How to Prove Pain and Suffering From a Car Accident
As with any lawsuit, the more evidence you have, the better your chances of proving your claim. Since pain and suffering cannot be proven simply, you will require a variety of evidence.
The insurance company is likely to try to discredit your pain and suffering. Although your pain is legitimate, they are working to protect themselves from potential fraudulent claims.
Our skilled car accident attorneys advise that the following evidence is crucial in proving your pain and suffering claim:
- Medical evidence, such as reports from your examinations
- Photographs
- The written opinions of an expert in the field of personal injury
- Documentation form journals or diaries that you keep
- Evidence of discussions with friends and family of how the pain and suffering has held you back
- Notes from doctors, therapists, or other mental health professionals
- Proof of your physical injuries that may be causing your pain
- Your own testimony as to the pain and suffering you have been feeling
- Regular ratings on a pain scale
Injuries That May Result in Pain and Suffering
Pain and suffering can be the result of emotional and physical injuries. If you have suffered a physical injury during a car accident, you are likely to experience pain as you heal. Long-term or chronic pain can be a result of back injuries, whiplash, and other soft tissue damage. If you require surgery for a major injury, this can lead to a long recovery period full of pain where you are unable to return to your daily life.
Emotional pain and suffering is also commonly referred to as “mental anguish”. This is when the trauma of the car accident causes a victim mental harm. Victims can develop mental disorders, such as PTSD or anxiety, following a car accident. They may be unable to sleep due to nightmares, have newfound fear or anger around cars, and could be unable to return to their normal life. In some instances of serious scarring or injury, the victim may suffer a diminished quality of life.
Our attorneys understand how challenging it can be to communicate the effects that injuries have. We know how to put your pain into words so a jury can understand what you’re going through.
Call Langdon & Emison today to get started on your case for pain and suffering damages.
Call Langdon & Emison Today
It is always advised that you seek counsel from an experienced car accident attorney after a car accident. However, it is even more important when you are filing a claim for pain and suffering. As these damages are regularly disputed by insurance companies, our attorneys can help you prove your pain and suffering from a car accident.
Langdon & Emison believes in getting clients what they deserve and holding the at-fault party liable for their negligence. We provide compassionate care, allowing you the time and space you need to heal while we focus on recovering your losses.
