In most personal injury cases, the victim can seek compensation for pain and suffering. Since this facet of a case does not have a dollar amount attached to it the way a medical bill does, its meaning and value are not immediately clear. Many people are left wondering what the phrase means and how it can be measured and compensated. If you are seeking financial redress after an accident, understanding the following points will help you make your case.

Pain & Suffering Is a Legal Term

Though it may sound like a vague and ambiguous phrase, "pain and suffering" is a legitimate legal concept. It refers to physical pain as well as any mental or emotional distress that might also result from a personal injury. Stress, sadness, anxiety, depression, grief, insomnia, and diminished quality of life are all aspects of pain and suffering for which you can pursue compensation.

There Are Two Ways to Calculate Pain & Suffering 

Most injury attorneys use one of two methods to determine a value for pain and suffering. In one equation, they will rate your condition on a scale of one to five, with one representing a minor injury and five indicating a major incident. That number is then multiplied by the total of your medical bills. For example, if your expenses totaled $5,000, and your injury was rated a 2, then your pain and suffering would be valued at $10,000. The other method involves assigning a dollar amount based on a per-day total; for instance, $150 for each day of your recovery from initial injury to full healing.

You Need Sufficient Proof of Pain & Suffering

Courts want to see tangible evidence that your pain and suffering is at the level you claim. If the physical wounds are severe, photos of your personal injury can be compelling and provide solid proof of emotional distress. Claims made by family members, friends, and caregivers can also hold considerable weight, as can the testimony of any mental health professionals you may see.

If a personal injury has affected your ability to work and impacted your quality of life, let an experienced lawyer determine your pain and suffering, so you can get the compensation you deserve. The Law Office of Thomas L. Brayton III in Waterbury, CT, has more than 25 years of experience serving clients who have experienced severe injuries. His work earned him recognition as a 2017 AV Preeminent Attorney. Call (203) 591-8689 to schedule a consultation, and visit his firm's website to learn more about his legal expertise.