Pain and suffering is an ambiguous term. Most people have heard of this area of damages in personal injury claims, but what does pain and suffering actually entail? There are two primary forms: Physical pain and suffering and mental pain and suffering. These aspects of an injury have to be translated into monetary value in a personal injury case, which can be quite tricky and require an experienced personal injury attorney.
Physical Pain and Suffering in a Personal Injury Case
The actual pain and suffering from injuries such as a broken leg or neck, back, or brain trauma. Physical pain and suffering is the anguish and discomfort one feels because of the injuries from the accident. It’s more than that though, this aspect of pain and suffering also includes future problems you may face because of the injuries. Sometimes injured victims suffer for years due to chronic pain stemming from an auto accident or medical malpractice. While recovering compensation for physical pain and suffering can ease your financial woes, the long-term physical toll of the crash can’t be understated.
Mental Pain and Suffering in a Personal Injury Case
This is the psychological pain and suffering you’ve endured because of the injuries from the accident. There’s emotional stress, anxiety, fear, anger, embarrassment, shock, and other aspects of emotional distress that come with severe injuries and personal injury claims. You’re unsure when or if you can return to work, worried about paying the bills coming in, and there’s a loss of enjoyment of life during this time and in the future as well.
Mental pain and suffering can also include post-traumatic stress disorder (PTSD). If a horrific auto accident was the cause of the injuries, you may experience PTSD symptoms and be afraid to drive or ride in a vehicle again. If medical malpractice was involved, you might develop severe anxiety and fear of going to the doctor. Other signs include anger, depression, loss of energy or appetite, mood swings, and inability to sleep.
Similar to physical pain and suffering damages, mental pain and suffering compensation includes future anguish.
Determining the Value of Pain and Suffering in a Personal Injury Claim
Whether or not your claim involves recovering damages for pain and suffering comes down to the severity of the accident and your injuries. Catastrophic injuries such as permanent disability or disfigurement are more likely to be awarded compensation for pain and suffering.
The sum of your medical bills is typically multiplied by 1.5-4 to calculate pain and suffering, but that is not always the case. The best way to determine if your case’s value will involve pain and suffering is to contact our injury attorney in Ft Myers and Naples.
Contact Our Accident Attorney in Fort Myers
If you or a loved one have been injured in an accident in Southwest Florida, please contact our accident attorney at Kelleher Law today at (833) 546-3675 for a FREE consultation. We serve injured clients in Naples, Fort Myers and surrounding areas of Florida including Cape Coral.