preparing yourself for an injury lawsuit

Pain And Suffering: The Missing Link

If you've been injured in an automobile accident and you were not at fault, you are likely working closely with the at-fault's driver's insurance company to get compensated. Insurance can come in handy; you can expect to get your vehicle repaired or replaced and to get your medical expenses taken care of. Insurance, however, only goes so far, and you could be left with damages that only a personal injury case could cover. You must file a personal injury claim to get your pain and suffering covered, so read on to learn more about what pain and suffering is and how to be compensated for it.

What is Meant by Pain and Suffering?

Broken bones, abrasions and bruises are obvious, but some injuries that cannot be seen by onlookers are even worse. Being injured in a car wreck is a traumatic experience, and the side effects of the accident can haunt you long after your physical injuries have healed. The emotional toll that such an experience takes on your mind and spirit can be equally as devastating as the physical toll taken. Every aspect of your life can be affected by the following emotional symptoms:

  • Depression
  • Anxiety
  • Post Traumatic Stress Disorder (PTSD)
  • Changes in sleep and appetite
  • Moodiness and angry outbursts

Just one of these symptoms and emotional disorders could impact you and your family in an extremely negative manner, sometimes for months after the accident.

Additionally, not all physical injuries heal completely, and often you are left with lingering pain, lack of mobility and sometimes catastrophic injuries that can affect your ability to work, raise a family and provide your family with companionship. So, what is pain and suffering? It is the emotional toll of the accident together with the severity of your physical injuries.

Can a Dollar Amount be Placed on Pain and Suffering?

Only you know the full extent of the damage from your accident, but to gain compensation you must be able to show the other person's insurance company how the accident has affected your life. 

  • Keep a journal of your day-to-day battle to regain some normalcy in your life, how the pain and other emotional symptoms has impacted your ability to work at your job and to enjoy your family and other medical and emotional-related issues connected to the accident.
  • Seek help from trained and licensed mental health experts, stay in treatment and abide by all therapies and prescribed medications.
  • Make sure that you have a complete set of medical records, including the dollar amount spent so far (even if you are not paying it, the amount is important).

Yes, a dollar amount can be placed on your pain and suffering, and the insurance companies use several different factors and calculations to determine the amount of money they will offer you. The dollar amount of your physical and emotional expenses, so far, and a prediction or estimation of future expenses. The dollar amount is multiplied by a number that aligns with the severity of your injuries.

  1. How much fault was assigned to each driver. For example, if you share some of the fault for the accident, your compensation will be reduced.
  2. Your age, education, children and their ages, and other demographic facts.
  3. Similar settlements in your local area for similar accidents.

Make sure that you get the compensation that you need and deserve for your pain and suffering by contacting a personal injury attorney like those found at The Bernstein Law Firm as soon as possible.