After an accident, direct financial costs may be easy to identify. Medical bills, lost income and other expenses typically have a clear dollar amount.
Pain and suffering, or non-economic damages, account for other effects of an injury that do not have a specific value. Successfully pursuing these damages can help make post-accident recovery much easier.
What does pain and suffering include?
Non-economic damages generally refer to the discomfort and distress caused by an injury, which can vary widely depending on the nature and severity of the accident. Examples include:
- Physical pain from injuries
- Chronic discomfort or ongoing symptoms
- Emotional distress
- Anxiety or depression related to the injury
- Loss of enjoyment of daily activities
- Sleep disturbances
Unfortunately, these effects may last for weeks, months or even longer, but a pain and suffering award can help those injured address these outcomes.
How is pain and suffering evaluated?
Pain and suffering damages do not have a fixed value. Insurance companies and courts consider several factors when evaluating these losses. Issues that may be reviewed include:
- The severity of the injury
- The length of recovery
- Whether permanent limitations exist
- The impact on daily activities
- The type and extent of medical treatment received
- Documentation showing how the injury has affected the person’s life
Medical records, treatment notes and personal accounts of the recovery process can help demonstrate the extent of these damages. Strong documentation can make it easier to show how an injury has affected the injured person’s daily life. Keeping records of medical treatment, symptoms and activity limitations may help support a personal injury claim.
If you are dealing with the unexpected effects of a serious injury, legal guidance can help gather and organize evidence that supports a claim for non-economic damages.