Why You Should Understand Pain and Suffering in a Personal Injury Case
If you or a loved one were injured in an accident, due to someone else’s negligence, you might be entitled to compensation for pain and suffering. A personal injury lawyer can help you get compensation for your pain and suffering. Learn more about what it entails to have a strong personal injury case.
What is a Personal Injury Case? – Understanding Your Rights
As a victim of a personal injury case, you have the right to seek compensation for damages resulting from someone else’s negligence. This can include car accidents, dog bites, slip-and-fall accidents, and more.
If another person is found liable for the accident, the victim might be able to collect compensation for medical bills, lost wages, and pain and suffering. Personal injury attorneys specialize in these cases and help victims and their families get the compensation they need to avoid paying out of pocket.
Physical and Emotional Pain and Suffering Compensation in a Personal Injury Case
Pain and suffering exists in two categories:
Physical pain and suffering – This includes your current physical pain and suffering and the distress and discomfort you will likely experience in the future. Physical pain and suffering compensation might cover back pain, nerve damage, traumatic brain injury, internal organ damage, and more.
Emotional pain and suffering – Mental or emotional pain and suffering encompasses all the emotional distress someone might experience, including shock, trauma, depression, fear, anxiety, dread, loss of enjoyment of life, and mental anguish.
Pain and Suffering Statistics in Personal Injury Cases – Auto Accidents are the Most Common
Though pain and suffering occur after all kinds of accidents, auto accidents are the most common personal injury accidents. If you or a loved one were injured in a car accident, Thompson Law can help.
One person was killed in an auto crash every hour and 57 minutes
One person was injured every two minutes and 12 seconds
The fatality rate for Texas roadways increased by 4.17% from 2020
There were no deathless days on Texas roadways
There were 15,764 serious injury crashes
Examples of Pain and Suffering (in Personal Injury Cases)
Pain and suffering, both physical and mental, can occur after any accident. But since auto accidents are so common in Texas, let’s look at some examples of pain and suffering after a car crash.
A person is involved in a severe accident where several bones are broken, and they sustain a concussion. After the accident, the victim experiences physical pain, depression, insomnia, loss of appetite, and anger. They also have mounting medical bills and can’t perform their job in the same way. The claimant receives help from both medical doctors and a therapist for their condition.
A person is involved in a high-speed head-on collision. Though they walk away from the accident with a few broken bones and back strain, they develop nightmares, night terrors, insomnia, and a severe phobia of driving or riding in a vehicle. The victim receives medical help but is also diagnosed with PTSD after the crash.
In both cases above, the victims sustained physical injuries and experienced significant emotional distress. Depending on other factors and details of their accident, they could be entitled to compensation for physical and emotional pain and suffering.
Common Personal Injuries
At Thompson Law, we know that every personal injury case is unique. Our dedicated team takes the time to learn the extent of your damages and injuries so we can help you get fair value for your claim. With a Texas personal injury attorney on your side, you can focus your time and energy on recovering.
Common types of personal injuries include:
Traumatic brain injuries
Neck injuries
Back injuries
Whiplash injuries
Joint injuries
Burn injuries
Broken bones
Amputation injuries
Spinal cord injuries
Paralysis injuries
Emotional pain and suffering can be more challenging to calculate, but victims deserve compensation for losing their quality of life, short or long-term.
Consider a cyclist who can no longer enter triathlons, a mother who can no longer lift her small child or someone who can no longer perform their work duties or struggles with depression. No matter the unique circumstances of your case, a personal injury lawyer can help you get fair compensation after your accident.
Calculating Pain and Suffering in Personal Injury Cases
Many things are considered when assessing the degree of your pain and suffering:
The extent of the defendant’s negligent behavior
How severe your injuries are
The level of physical and mental pain suffered typically caused by your type of injuries
How the injuries have impacted your life
Your employment and how it is affected
The state of your health and how long it could take you to heal
Your current and future medical treatment
The prognosis of your injury
Proving Pain and Suffering
Your personal injury attorney will help determine whether you have a case that qualifies for pain and suffering compensation. Many things must be collected and presented to make a personal injury case for your physical and mental pain and suffering.
1) Documents for any medical visits, including physical and mental therapy.
2) Written opinions from medical doctors and or mental health professionals regarding the nature of your condition and how it could impact your life in the long run.
3) Opinions from third-party medical witnesses that support the testimony provided by your doctor or therapist.
4) A list of any medications prescribed after the accident. Notes on which medications must continue long-term. This includes medicines for both physical and mental conditions.
5) A personal journal that outlines your day-to-day experience with your physical and mental pain, and how it has impacted you and affected your life, job, relationships, and mental health.
6) Testimony from family and friends talking about how your injuries have affected you, changed your life, and affected the quality of your life.
A Personal Injury Attorney Can Help you
If someone else’s negligence caused your injuries, Morgan S. Richardson Law can help. You don’t have to fight your personal injury case by yourself. We’ll ensure you know your rights and develop a strategy for obtaining the financial compensation you need. Whether you’re dealing with hospital bills, lost wages, emotional distress, or physical pain, our attorneys are here to support you with a free consultation.
After an accident, you shouldn’t have to face the negligent party or their insurer alone. We’ll handle the complex legal aspects of your case so you can focus on getting the care and treatment you need.
Personal Injury Lawyer FAQ (Frequently Asked Questions in Personal Injury Cases)
How soon do I need to get a personal injury lawyer after an accident?
Calling 911 and getting prompt medical care for your injuries is the first order of business after an injury accident. Once you are safe and secure, you should contact a personal injury lawyer. Time is essential in collecting evidence, speaking to witnesses, and speaking to the insurance claims adjuster assigned to your case.
What is pain and suffering?
Pain and suffering is a term that includes both physical and mental pain and suffering after an accident. Whether in a car accident, slip-and-fall, or workplace accident, you could experience bodily injuries and emotional distress. A personal injury claim can include damages for pain and suffering; your lawyer can help determine the value.
What are some common causes of car accidents in Texas?
Common causes of car accidents in Texas include drunk driving, texting or talking while driving, speeding, tailgating, and aggressive driving or road rage. While drivers are often tempted to multitask, even a few seconds of distraction can cause a severe or even fatal crash.
How can a personal injury attorney help?
A personal injury lawyer can help you understand your rights under Texas law. They can gather evidence, documentation, and testimonies that support your claim of physical and emotional pain and suffering. Ultimately, they will work to help you collect fair compensation for the injuries you experienced as a result of your accident.
What is the average settlement amount for pain and suffering in a personal injury case?
Unfortunately, there is no quick answer for an average amount. The amount will vary greatly and depends on the unique circumstances in your case. Your injuries, their extent, and your future outlook all play a part in calculating your possible compensation. A well-versed attorney can help you better understand your compensatory outlook.