Anyone who has been involved in an accident (or seen lawyer ads on TV) has likely heard the term “pain and suffering.” Although it can seem difficult to put a dollar value on the physical pain and suffering a person endures after an accident, this is a real loss that victims should be compensated for.
If you have been hurt in an accident, an experienced personal injury attorney can help you assess this type of damage and explain your legal right to the full compensation you deserve. Contact the team at Burch Law Firm now to schedule a free consultation about your case.
What Counts as Pain and Suffering?
“Pain and suffering” is a legal term insurance companies and the courts use to refer to a number of losses an accident victim may suffer. Physical pain and suffering is part of a victim’s non-economic damages, or losses that don’t have a straightforward dollar value like medical bills do. These damages can also compensate for emotional injuries, mental distress such as fear and insomnia, and the loss of enjoyment of life.
What Affects the Calculation of Pain and Suffering Damages?
Because pain and suffering is an intangible loss that cannot be directly tied to a dollar amount, it may seem difficult to measure. However, several factors will be taken into account when calculating pain and suffering. These include:
- The severity of your injury
- How your injury has impacted your daily life
- How your quality of life has been affected
- How long and to what extent your injury will affect you in the future
- Permanent disability caused by your injury
How to Prove Pain and Suffering
Just as you will need to have evidence of your medical expenses, lost wages, and other economic damages, you will also need to be able to support your claim for your pain and suffering damages. Some of the evidence that may ne used to support your claim include:
- A personal journal detailing how your injury and the resulting pain has affected your life on a daily basis
- Accounts from friends and family members who have seen how your accident has changed your life
- Statements from mental health professionals or counselors
- Records from your doctor
Need Help Calculating Your Pain and Suffering Damages? Contact Us
There are many questions you will have throughout the personal injury claims process, and how to calculate pain and suffering is just one of them. At Burch Law Firm, our New Braunfels personal injury attorneys can answer all of your questions, accurately evaluate your claim, and manage all negotiations with the insurance company.
We are committed to helping accident victims demand the full and fair compensation they deserve, and we want to help you, too. If you have been hurt, contact us now to schedule your free consultation so we can start reviewing your case.
Troy Burch has practiced law in New Braunfels since 1990 representing residents of New Braunfels and the surrounding communities. Troy Burch graduated with high honors from Texas Christian University and from Baylor Law School.