What is pain & suffering?

pain suffering monetary damages

After a serious accident, you could suffer from a number of physical and/or mental injuries that need medical care, rehabilitation or other forms of care, not just in the short-term, but long-term as well.

Compensatory damages are money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party.

When you pursue a personal injury claim, you are seeking monetary compensation for your injuries, which may include:

1.     Medical Expenses: The cost of actual expenses resulting from your accident, i.e., medical and hospital bills, medical treatments, rehabilitation expenses, physical therapy, medicine and prescription drugs, medical equipment and more. It may also include future medical care.

2.     Lost Earnings and Earning Capacity: Your accident can cause you to lose pay, from taking time off to recover from the accident or time to go to doctor appointments and more, It can also include future earning capacity if your injuries keep you from returning to work for an extended period, in a reduced capacity or even at all.

3.     Pain & suffering: Referred to as non-economic damages, this typically refers to physical pain caused by the accident itself, physical discomfort resulting from necessary medical treatment, and mental anguish/psychological effects resulting from the accident.

An experienced personal injury attorney will help you maximize your settlement.


What is pain & suffering?

It’s easy to understand the first two categories for monetary compensation; however, pain & suffering is a bit more abstract. These examples can help you get a better understanding of what may qualify for pain & suffering compensation.

  • pain and suffering neck pain spinal pain back painPhysical pain: damage to the body that creates mild to severe discomfort, which could be injuries to the back, neck, head and more.
  • Mental anguish: feelings of distress, anxiety, grief, depression caused by your accident.
  • Physical impairment: where your accident limits your ability to move, coordinate actions or perform daily living activities.
  • Disfigurement: permanent damages or changes to your body (i.e., permanent scarring).
  • Loss of enjoyment of life: damages that severely alter a person’s life or ability to participate in activities they previously enjoyed.
  • Loss of Quality of Life: defined as a reduction in a person’s ability to enjoy or engage in life as they did prior to the accident (i.e., paralysis).
  • Loss of companionship or loss of consortium: deprives you of the benefits of married life or parenting.
  • Psychological trauma (i.e., fear or terror, shock, anger): causing severe mental pain and suffering.
  • Depression and/or Anxiety

Use our online Case Evaluation Request form to request a free consultation and case review.

Post Accident Journaling

Record anything you think might be a result of your accident in a journal. This can help show how the accident negatively impacted your life due to pain and suffering. Things to think about include:

  • Do you need medication to control your pain or discomfort?
  • Is your pain or discomfort interfering with your ability to lead your normal life? What activities are you no longer able to do or having difficulty with due to the injuries from your accident?
  • Can your injuries be seen? Photograph them regularly. Use the date stamp function on your camera. Document if the injuries are getting better or worse.
  • Keep a journal of everything related to the accident, i.e., missed work days and why, headaches, bouts of anxiety, insomnia, etc.


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Consult an attorney who knows defective medical products.

Have you been seriously injured in a motor vehicle accident, a slip and fall or some other accident in which you suffered serious injuries due to another’s negligence? Call Nash & Franciskato at (877) 284-6600. We have a successful track record helping accident victims collect the compensation they deserve.

One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.



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