When it comes to calculating damages, pain and suffering is a major component in determining how much a plaintiff should be awarded for their injuries. Unlike economic damages, which cover more easily quantifiable costs like medical bills and lost wages, pain and suffering are considered non-economic damages. Non-economic damages are more difficult to calculate since a variety of factors must be considered, including the length of time it will take to recover, the impact the injuries had on quality of life, and any mental anguish experienced as a result of the accident.
What is Pain and Suffering?
Pain and suffering is a term that encompasses the physical and mental harm an accident victim experiences due to an accident.
Examples of pain and suffering include:
Physical pain, including chronic pain, soreness, stiffness, general discomfort, or the worsening of a pre-existing injury.
Loss of enjoyment of life, including the inability to interact with loved ones or participate in certain activities, regardless if it is temporary or permanent.
Mental health problems, including anxiety, insomnia, depression, memory loss, and PTSD.
Physical disfigurement and shortening of life also fall under the pain and suffering umbrella.
Factors Considers When Calculating Pain and Suffering
There are several factors the courts consider when calculating pain and suffering in a personal injury claim. Although no amount of money can ever truly restore accident victims, many details are reviewed in an attempt to ensure the most appropriate compensation award is pursued.
Here are some of the factors Arizona courts will consider when calculating pain and suffering:
The type and severity of the injury sustained
The kind of medical treatments that will be necessary and the amount that may be required
The time it will take to recover
If the injury will leave any permanent effects
The emotional damages the victim suffered
Any pre-existing conditions that might have worsened as a result of the accident
The more severe an injury is and the more lasting its effects are on a survivor, the more substantial compensation could be.
How is Pain and Suffering Proven?
Compensation is designed to restore an accident victim to their original state, as if the accident never happened. However, the nature of pain and suffering often makes these matters a little more challenging to prove. To prove pain and suffering and support your claim, you will need to provide a variety of documentation, including:
Medical bills, prescription costs, pay stubs, and other similar documentation can all be helpful in proving physical pain and suffering. For example, if you are experiencing a lot of physical pain, it is likely a doctor may prescribe something to alleviate your discomfort.
When proving mental pain and suffering, journal entries about your mental well-being, mental health prescription medications, expert testimony from your mental healthcare providers, and even testimony from those closest to you can all be essential pieces of evidence. For example, your family might be able to testify to how your injuries have changed the way you live your life or your inability to enjoy the things you were once passionate about.
Let Our Personal Injury Team Represent You!
If you sustained injuries in an accident, The Husband & Wife Law Team is prepared to pursue compensation on your behalf. We know that this is a difficult time for you, which is also why we do not charge any legal fees until we win your case. Call us today to schedule a free case review with one of our experienced personal injury attorneys!