What Is Considered Pain and Suffering?

• November 29 2024
• |   Personal Injury

When you have been injured in an accident, the physical wounds are not the only thing you have to endure. You might feel emotional pain, stress, or anxiety that does not show up on the surface but can still affect your daily life. In legal terms, this is what we refer to as “pain and suffering.” But what exactly does this term mean, and how does it play a role in personal injury claims?

If you are looking for compensation after an accident, understanding what counts as pain and suffering is important because it can impact how much you receive in a settlement. This blog will explain what “pain and suffering” really means and the impact on your personal injury claim.

If you have been injured in an accident, you will need the help of a personal injury attorney to help with your legal case and get the maximum compensation you need for your injuries. Contact Leverty & Associates Law, and let us help you.

Why Hire a Personal Injury Lawyer From Leverty & Associates Law?

At Leverty & Associates Law, our attorneys understand that dealing with an injury claim can be daunting, especially when seeking compensation for pain and suffering. We have over 50 years of experience helping clients get the maximum compensation they deserve. We are committed to giving each case the attention it needs.  By hiring us, you will be working with dedicated professionals who will fight for your rights and make sure no detail is overlooked.

You deserve a team that not only has a deep understanding of personal injury law but also values your well-being. We will do all we can to ensure you have a favorable outcome. Contact us in Reno at (775) 322-6636 to learn more about how we can help you.

We have a proven track record of success that shows our commitment and dedication to our clients.

What Is Considered Pain and Suffering?

“Pain and suffering” refers to the physical and emotional distress a person experiences after being injured in an accident. It is not just about the pain you feel from the injury itself but also the emotional toll it takes on you.

• Physical pain and suffering includes the actual pain from injuries like broken bones, burns, or any lasting discomfort caused by the accident. For example, if you have chronic pain or you need ongoing medical treatments, it is part of your physical suffering.
• Emotional pain and suffering involves the mental side of the injury. This includes anxiety, depression, trauma, fear, or even losing the enjoyment of life. For instance, if you can no longer participate in activities you once loved or you are constantly stressed because of the accident, this is considered emotional suffering.

In personal injury cases, pain and suffering are usually part of the damages for which you can seek compensation. It is difficult to put a certain amount on emotional distress or chronic pain, but the goal is to make sure you are compensated for all the ways the accident has affected your life.

Factors That Affect the Value of Pain and Suffering

The amount of money you can get for pain and suffering in a personal injury case depends on several factors. These factors help decide how much your physical and emotional pain are worth. The following are a few of these factors:

Severity of the Injury

The more serious the injury, the higher the compensation for pain and suffering. For example, someone with a broken bone or a long-term injury is likely to receive more than someone with a minor injury like a small cut or bruise. Severe injuries usually cause more pain and can also lead to emotional stress, which increases the compensation.

Length of Recovery

If your injury takes a long time to heal or you have permanent damage, you may get more for the pain and suffering you are enduring. This is because you have to deal with the pain for a longer period, and it can seriously affect your life over time.

Impact on Daily Life

The more the injury affects your everyday activities, the more valuable the pain and suffering claim becomes. For example, if your injury prevents you from going to work, playing sports, or even doing basic tasks like walking or driving, the compensation will likely be higher. The same thing applies if you cannot enjoy the things you used to love, like hobbies or spending time with family.

Emotional and Mental Effects

If the accident causes ongoing emotional distress, such as anxiety, depression, or fear, this can increase the amount you can claim. If the injury has a long-lasting impact on your mental health or quality of life, it is a significant part of your pain and suffering claim.

Type of Medical Treatment

If you need extensive medical treatment, like surgeries, physical therapy, or ongoing care, this can increase the compensation you can seek for your pain and suffering. Treatments that are painful or require a long recovery can show your injuries’ severity.

Our lawyers take a personalized approach to every case they handle and give each client the attention they need.

Why You Need the Help of a Lawyer

The following are a few ways a personal injury lawyer can help you:

• Evaluate Your Claim: An accident lawyer from our law firm can assess the details of your case to determine if you are entitled to compensation and what your claim is worth. This will help you avoid a claim denial.
• Gather Evidence: They can help you collect essential documents like medical records, witness statements, and expert opinions to strengthen your case.
• Handle Negotiations:  Our lawyers will negotiate with the insurance companies to ensure you get a fair settlement for your pain and suffering.
• Represent You in Court: If a fair settlement cannot be reached, our lawyers will represent you to fight for maximum compensation.

Get Help From Leverty & Associates Law

At Leverty & Associates Law, we have attorneys who have dedicated their skills, expertise, and knowledge to clients who need legal support and assistance. We have helped many clients achieve legal goals specific to their cases; we can help you, too. If you need a team of attorneys you can rely on, do not hesitate to reach out to us at (775) 322-6636. We offer free initial consultations.