What is Compensation for Pain and Suffering?
February 2, 2018
Pain and suffering is compensation for the physical pain and mental anguish you experience after being injured by another’s negligence. However, this type of compensation can only be obtained through a personal injury lawsuit and is often difficult to determine an exact amount a victim may be owed.
For this reason, you will need a skilled personal injury attorney in Phoenix to investigate your case and determine if you are entitled to compensation for your pain and suffering.
At the Phillips Law Group, we are dedicated to helping accident victims recover maximum compensation for their personal injury case. We will thoroughly research the accident and your injury to find out if you may be entitled to compensation for your pain and suffering.
Types of Pain and Suffering
There are two types of pain and suffering you may experience after an accident: emotional and physical pain and suffering.
Physical pain and suffering refers to the pain caused by your physical injuries. This includes the physical discomfort and limitations you have experienced and will likely experience in the future.
Likewise, emotional pain and suffering refers to the how your injury has mentally affected you since the accident. This often includes mental and psychological conditions such as:
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Loss of energy
- Sexual dysfunction
- Sleep disturbances
- Mood swings
- Post-traumatic stress disorder
Calculating Pain and Suffering
Unlike other types of damages that are directly tied to an expense like medical bills, pain and suffering can be difficult to quantify.
Currently, courts and insurance adjusters do not have a set formula they use to calculate the amount of compensation a victim may be owed for his or her pain and suffering. Instead, several factors may be used to calculate an appropriate amount of compensation for a victim’s pain and suffering, including:
- How the injuries have interfered with the victim’s life
- Cost of medical bills
- The limitations that the injuries impose on the victim’s life
- The types of medical treatment the victim received
- The nature of the victim’s injuries
- Whether the injuries prevent the victim from returning to work
- The shock of the accident
- Mental anguish
- How the injuries affected the victim’s relationship with his or her family members
Establishing a Claim for Pain and Suffering
To obtain compensation for pain and suffering, you will need evidence that can be used to show how your injury has affected your life.
A personal injury lawyer may recommend that you keep a pain journal to describe the pain you experience and how your injury has been progressing since receiving medical treatment.
Other evidence that may establish your case for pain and suffering can include:
- Employment records that show lost time from work
- Medical records
- Photos of your injuries as they progress
- Testimony from coworkers, neighbors, friends or family members
Contact an Arizona Personal Injury Attorney
If you were injured in an accident caused by another’s negligence, letting an experienced personal injury lawyer work on your case may help you recover compensation for your pain and suffering.
The Phillips Law Group’s experienced personal injury attorneys will help you gather the evidence needed to show the extent of your pain and suffering. We will handle your all legal aspects of your case on a contingency fee basis. This means all of our services are provided at no upfront cost, and we will only charge you if we recover compensation for you.
Do not hesitate to contact us and schedule a free, no obligation consultation to find out if you have a case against the at-fault party.
Call 1-800-706-3000 to schedule a free consultation.
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