When you file a personal injury claim, one of the types of damages you can seek is for pain and suffering. While this is a common phrase, you may not know what it entails in terms of seeking damages. Below, there are a few answers to commonly asked questions, so you can better understand what this concept entails.

Common Questions About Pain & Suffering Damages

What is pain and suffering?

In a personal injury claim, pain and suffering refers to the negative effects that result from the injuries you received in an accident. This goes beyond the medical treatment you may need because it can have emotional, psychological, and physical effects that keep you from living your life as fully as you did before the accident.

How many types of pain and suffering are there?

The first type of pain and suffering is the physical pain you experience as a result of your injuries. It can also include the anticipated pain or suffering you’ll experience as you go through future treatments or therapies.

There is also emotional and psychological pain and suffering that can result from physical injuries, or from the trauma of the accident. It’s not uncommon to feel depressed or experience anxiety because of the incident. There may be other emotions involved as you recover from your injuries.

How are these types of damages calculated? 

Your lawyer will know the estimated value for each type of injury, but, it’s safe to say that certain types of injuries represent a higher value than others. For example, you would seek more for a brain injury than you would for a broken arm.

It’s also necessary to evaluate the need for future medical care. A condition that will require years of physical therapy will be worth more than a slight injury that may only take a few months to heal. 

How is it proven?

In general, proving pain and suffering will rely on testimony provided by health care professionals who have treated you. This will involve providing documentation in terms of describing your pain to a doctor, or in describing how an injury affected your emotional well-being.

Pain scales may be used for this purpose, or a therapist may use a psychological evaluation. Additionally, records for medical treatment can also verify the amount of suffering an individual has experienced.

When you’re filing a personal injury claim, consulting an attorney can help you better understand the value of your claim. Located in Sparta, WI, Osborne, Tripp & Schmidt consists of a friendly and experienced team of four lawyers who are ready to help you. They can explain what your case is worth and negotiate for a fair settlement. To schedule a free initial consultation, visit them online or call (608) 269-2400.