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What is ‘pain and suffering’ in physical injury cases and how can they be proven?

pain and suffering

Certain injuries and accidents in general can cause emotional physical pain and suffering that cannot be seen with the naked eye. However, that does not mean they do not qualify as personal injuries in the accident that caused them. To understand this, we need to understand what we mean exactly when we say ‘pain and suffering’ and how it can be held up in court in your favor.

What is ‘Pain and Suffering’?

‘Pain and suffering’ is an actual legal term which points to the range of injuries that the victim or plaintiff might have sustained as the result of an accident. Besides physical pain, it also covers the emotional and mental trauma the victim goes through after such as grief, depression, PTSD, insomnia among others that can prevent them from enjoying a fulfilling life. Even the loss of enjoyment from life can lead to a number of other ailments so you can imagine why pain and suffering is taken as seriously as physical injuries in court.

There are basically 2 types of pain and suffering the court recognizes:

  1. Physical pain and suffering – These are the actual physical injuries that can be seen after an accident. Besides the pain and discomfort, these also involve the side effects that emerge in the future as a result of those injuries and which the victim can suffer from in case the defendant is negligent.
  2. Mental anguish – This suffering and pain is a byproduct of the physical injuries and the pain suffered by the victim in the form of emotional distress, depression, anxiety fear, anger, shock, humiliation etc. This is basically any kind of negative emotion which arises from having to endure the physical pain resulting from an accident and which can decrease the victim’s quality of life as quickly as physical injuries can. In worse case scenarios, this can result in Post Traumatic Stress Disorder or PTSD.

Proving ‘pain and suffering’

Proving pain and suffering to your insurance company can be tricky if you do not know how you can force them to acknowledge it. The more evidence you have, the easier it will be to support this claim and the more money you will be able to get out of it. These include documentation pertaining to your accident, pictures and records that detail your emotional and physical ailments. This also includes proof of treatment by a mental health professional such as the psychiatrist you consult with to ease your emotional suffering. This will be necessary if you claim increased insomnia, depression and anxiety as injuries.

Pain and suffering? – Call Attorney Javier Marcos

Personal injury lawyers from Javier and Marcos Associates can prove in court and to your insurance agent that your emotional pain and suffering is a genuine injury claim. Call us by dialing 713-999-4444 / 1(800) 444-8118 today and we will ensure that you get the compensation you deserve and that can ease your emotional distress. We will be glad to be of service.



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