In a Wichita Falls or Dallas car accident case, pain and suffering are considered non-economic damages. Unlike economic damages, such as medical bills or lost wages, which result in hard, predictable numbers, pain and suffering is much more subjective and harder to quantify. It’s difficult to quantify because pain and suffering isn’t linked to any specific formula but is rather just a representation of the physical and emotional damage caused by an injury. Because of this, proving pain and suffering can be complex and difficult. However, there are several methods and factors that judges and juries consider when determining compensation for pain and suffering.
Understanding Pain and Suffering
Pain and suffering refer to the physical pain, emotional distress, and overall reduction in quality of life that a person experiences as a result of their injury. This can include:
- Physical Pain: Ongoing discomfort, chronic pain, or permanent disability caused by the injury.
- Emotional Distress: Anxiety, depression, sleep disturbances, and post-traumatic stress disorder (PTSD) stemming from the injury.
- Loss of Enjoyment of Life: A reduction in the ability to enjoy activities once enjoyed before the injury.
Factors Judges and Juries Consider
There are many different considerations to take into account when determining how much compensation a plaintiff may receive for pain and suffering:
- Injury Severity: More severe injuries that cause lasting or permanent pain tend to result in higher pain and suffering damages. For example, a traumatic brain injury or spinal cord injury will likely result in more significant compensation than a minor soft tissue injury.
- Pain Duration: The longer the pain lasts, the better the odds of receiving damages for pain and suffering. If the injury results in chronic pain or permanent disability, the damages will likely be higher.
- Impact on Daily Life: A key factor is how the injury affects the victim’s ability to work, participate in hobbies, or care for themselves or their family. The more significant the disruption to daily life, the more likely a jury will award higher damages.
- Plaintiff’s Credibility: The plaintiff’s testimony about their pain and suffering is critical. A jury will assess the sincerity and consistency of the plaintiff’s description of their pain. Keeping a pain journal or other records can help make a strong case.
How to Document Pain and Suffering
Proving pain and suffering requires strong documentation. Here are several ways to support your claim:
- Medical Records: Detailed medical records showing the treatment, surgeries, and medications prescribed for your injury will help demonstrate the extent of your pain and suffering.
- Testimony from Medical Professionals: Expert testimony from doctors or mental health professionals can be instrumental in proving how the injury has affected your life.
- Pain Journal: Keeping a daily journal that details your physical pain, emotional struggles, and how the injury has impacted your quality of life can provide compelling evidence.
- Witness Testimony: Friends, family members, and co-workers who have observed how the injury has affected you can offer valuable testimony about changes in your behavior, physical abilities, and overall well-being.
- Photographs and Videos: Visual evidence of the injury, scars, or disabilities can help demonstrate the severity of the pain and suffering you have experienced.
Seeking Pain and Suffering in a Wichita Falls or Dallas Car Accident Case
Proving pain and suffering in a Wichita Falls or Dallas car accident case requires comprehensive documentation, testimony, and a thorough understanding of the impact the injury has had on your life. While there are no set formulas for calculating these damages, factors such as the severity of the injury, the duration of the pain, and the overall impact on your quality of life will heavily influence the amount awarded. By working with an experienced personal injury attorney, you can ensure that your pain and suffering are accurately represented and that you receive the compensation you deserve.
Contact a Wichita Falls and Dallas Car Accident Lawyer
If a loved one has been killed in a car accident in Wichita Falls or Dallas, contact our car accident lawyer either by calling one of the numbers listed below or filling out our contact form. For Wichita Falls claims, contact us at 940-569-4000. For Dallas claims, contact us 945-295-0014. We will give you a free evaluation of your case and offer you helpful information on how to proceed.