Any form of physical or emotional pain constitutes pain and suffering in a personal injury lawsuit. This includes emotional anguish, chronic pain, and even psychological trauma. Accordingly, a plaintiff may receive damages for their pain and suffering in the form of a monetary award should they win their case. These damages are awarded on top of other damages, such as medical expenses or lost wages.
“Pain and suffering damages” also serves as an umbrella term for different types of physical and emotional losses. Our legal team can go over your damages and explain which types may fall under “pain and suffering” in your case.
Physical and Mental Pain and Suffering Both Count in Injury Cases
From a legal perspective, pain and suffering are typically comprised of two parts: physical and mental pain and suffering.
Physical Pain and Suffering
Physical pain and suffering refers to the pain from the victim’s physical injuries. The discomfort and pain the victim endures fall under this category, and the negative impact the injury may have on the victim in the future due to the negligent party’s actions.
Physical losses may pertain to:
- Permanent disability
- Physical disfigurement
- Loss of bodily function, such as vision or hearing
- Loss of limb, including from amputation
- Scarring, including from burn marks
Mental Pain and Suffering
Mental pain and suffering generally refers to any and all negative emotion stemming from the victim’s physical injuries and trauma. These damages include:
- Emotional distress
- Mental anguish
- Fear and worry
- Loss of enjoyment of life
In extreme cases, mental pain and suffering can also include depression, anger, insomnia or sleep disturbances, sexual dysfunction, lack of energy, and post-traumatic stress disorder (PTSD).
Like physical pain and suffering, mental pain and suffering does not only include effects the victim has endured, but the pain and suffering they will likely suffer in the future.
Plaintiffs May Pursue Other Damages Beyond Their Pain and Suffering
Aside from pain and suffering, plaintiffs may also pursue these damages in injury cases:
- Medical expenses
- Loss of income, including benefits and pension packages
- Property damage
- Reduced earning potential
- Domestic care expenses, such as for home care or childcare
- Costs for medical equipment or prescription medications
If your injuries still require treatment or have been diagnosed as permanent injuries, you may also pursue future damages to cover the costs of your medical treatment and days taken off work, as well as other services you need to enlist to meet your daily needs.
Our Legal Team Will Calculate Your Pain and Suffering Damages and Find Evidence
Calculating pain and suffering in this kind of case can be complex because there are not many guidelines in determining the value of these damages. Injuries affect people differently, as everyone has a different threshold for pain. Suffering can also be challenging to communicate to an insurance adjuster or jury as it is an emotional quality.
Evidence Plays an Important Role in Proving the Value of Your Pain and Suffering
As such, having evidence to support how your accident affected your life, relationship, and abilities is an important aspect of building your case. Documentation plays a big role in supporting pain and suffering claims. Types of evidence you may use to prove your pain and suffering damages include:
- Police reports
- Medical records
- Hospital bills
- Photos of the sustained injuries
- Receipts for over-the-counter medications
- Prescription records
- A report from the victim’s employer on the length of the time the victim was unable to return to work
When assigning pain and suffering damages, juries base their decision on the case’s circumstances. Of course, it can be challenging to determine a fair value in an injury case, particularly for people outside the legal profession. As such, juries must use their good sense and rely on their personal experience and what they have learned about the injured victim’s quality of life, career, lifestyle, and aspirations.
Our Attorneys Will Help You Build a Case Argument About Your Pain and Suffering
If you decide to work with a personal injury lawyer from our law firm, we will help you understand what constitutes pain and suffering in an injury lawsuit as well as:
- Investigate your case to search for and collect evidence to support your claims about your damages, the accident, and your injuries
- Speak with insurance companies and legal attorneys on your behalf to protect your case
- Negotiate a potential settlement for you to avoid having to go to court
- Take your case to court when necessary and present it in front a jury
- Fulfill other legal requirements, such as filling out paperwork or submitting your case within its deadline
- Update you when new information arrives and provide legal counsel when you want advice before making a decision
Our attorneys work diligently to help our clients feel heard because we understand your pain and suffering is real, even if it is not attached to a receipt.
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You Should Not Wait Until the Last Minute to Submit Your Personal Injury Case
According to Ohio Revised Code Section 2305.10, you generally have two years to submit a personal injury lawsuit. This might seem like a lot of time, but this period can quickly go by if you wait to recover from your injuries. Keep in mind that you do not have to wait until you reach maximum medical improvement (MMI) to file your lawsuit, as that is why “future damages” are considered.
Instead, your attorney may begin taking steps to file your case early on to give you leverage if you are trying to negotiate a settlement with the other party’s insurance company.
Call Now to Hire a Personal Injury Lawyer From the Fitch Law Firm LLC Today
If you have been seriously injured in Ohio and would like to pursue compensation for your pain and suffering, medical expenses, lost wages, and other damages, call the Fitch Law Firm LLC today at (614) 545-3930 for a free consultation.
One of our team members can discuss what constitutes pain and suffering in an injury lawsuit, then explain what legal steps we could take on your behalf to pursue compensation. Our attorneys work on a contingency fee basis, so you owe us no attorney’s fees unless we win your case.