Pain and suffering, regarding a personal injury claim, refers to the pain, discomfort, anguish, inconvenience and emotional trauma that can come after an injury.
Pain and suffering can be both physical and mental.
Forms of physical pain and suffering is any injury you sustained in the accident that is causing you physical pain. The pain from these injuries can be long lasting or even permanent.
Mental and emotional pain and suffering after an accident can cause psychological issues and stress that can alter a person’s life. PTSD, fear, insomnia, anxiety and anger are just a few types of mental anguish that can occur after an accident.
After someone has suffered any type of pain and suffering after an injury, they deserve to be compensated.
Every personal injury case is different, and therefore, the laws and expectations regarding pain and suffering will depend on the facts and circumstances of each case.
To determine the full range of damages sustained in an accident, certain items must be taken into consideration including: the length of time a person is under treatment, what their doctor says about their recovery, any ongoing problems they may have and their tort options on their insurance
If you have selected full tort coverage you can make a claim for pain and suffering damages. Pain and suffering damages include physical pain and suffering, emotional distress, loss of life’s enjoyment and aggravation. These are considered non-economic detriment; things that you cannot place a dollar amount on.
If you have selected limited tort coverage you cannot make a claim for pain and suffering damages unless you sustained a serious injury which is defined by law as death, dismemberment or the loss of a bodily function. Often attorneys see people with serious injuries caused by another person’s negligence who cannot be compensated for their pain and suffering because they selected limited tort coverage.
Consulting or hiring an attorney is always a good idea after an accident. It is your attorney’s job to build a strong claim for damages against the at fault party.
Recovering compensation after an accident.
For a free legal consultation, call 412-661-1400
If you or a loved one were injured in an accident, contact the personal injury attorneys at Berger and Green. Our attorneys will provide you with a free no obligation consultation to evaluate your case. Call 412-661-1400 to speak with an attorney today.