When you sustain injuries due to an accident, such as a motor vehicle crash or slip and fall, you may experience physical pain, emotional trauma, and mental stress. This is referred to as pain and suffering. Yet, while individuals may have heard the term tossed around before, especially in a legal setting, many do not know what it actually means. However, if you want to make sure you can obtain the compensation you deserve following a Yuma personal injury accident, it is crucial to understand how this term applies to your case.
Different Types of Pain and Suffering
The legal system generally divides pain and suffering into two classifications: physical and mental.
- Physical Pain and Suffering: This refers to the bodily harm inflicted on an individual, including the pain of the injury, any resulting discomfort or bodily dysfunction, and the potential physical suffering or discomfort that may occur in the future.
- Mental Pain and Suffering: This covers any negative emotions or psychological effects caused by a physical injury. Examples include anxiety, depression, loss of enjoyment of life, fear, anger, humiliation, and post-traumatic stress disorder (PTSD).
It should also be noted that mental pain and suffering can have a greater emotional impact on the victim than the physical pain. Mental pain and suffering also takes into account potential future issues such as insomnia, mood swings, and other psychological problems that may arise due to the traumatic experience.
The Factors That Go Into Calculating Pain and Suffering
When determining compensation for pain and suffering in legal cases, it is important to take into account several factors that influence the calculation. The goal is to accurately represent the entirety of the victim’s experience, including physical pain, emotional distress, and long-term effects on their daily life and future well-being. These factors include the following:
- Injury Severity: The amount awarded for pain and suffering increases with the severity of the injury. Injuries resulting in permanent disability or long-term suffering receive higher compensation.
- Medical Bills: The expenses related to medical treatment, rehabilitation, and medication are crucial in understanding the physical toll of the incident, as well as predicting the victim’s future costs.
- Emotional Distress: Lawyers may also need to evaluate the psychological impact on victims, including whether they developed depression, anxiety, and PTSD after the accident
- Impact on Daily Life: The assessment takes into account the impact of the injury on the victim’s daily activities, relationships, and ability to work.
- Future Issues: Pain and suffering damages also take into account anticipated future pain and suffering and ongoing treatment expenses.
While physical injuries and medical expenses are easy to measure and provide a clear indication of the physical suffering that has been endured, emotional distress is more challenging to quantify but is equally important in understanding the mental trauma experienced by the victim.
Contact a Yuma Personal Injury Accident Attorney Today and Go Over Your Case for Free
If you suffered injuries in a Yuma personal injury accident and want to know more about the financial remedies you can pursue, including pain and suffering damages, contact the legal team at Territorial Law, LLC today to review your case for free.