What is pain and suffering in the context of an accident or injury claim? Pain and suffering refers to the physical or emotional injuries a person suffers following an injury. After a car accident, physical injuries and related pain and physical discomfort, as well as emotional distress can be compensated in a personal injury lawsuit.

Every jurisidiction is different, but in Virginia, damages for actual pain and discomfort, accompanying mental anguish, symptoms related to the trauma (such as PTSD), and permanent physical injuries can be compensated if proven, and supported by a medical expert’s testimony.

Pain and suffering aren’t limited to the here and now. Some car accident injuries manifest immediately, while others can take weeks or months to appear. Head trauma resulting in brain injury, for instance, is one of the most common and potentially fatal consequences of a car accident. ‘

Life-threatening injuries could worsen over weeks without a person realizing that they resulted from an accident. Undiagnosed and untreated brain bleeds can result in catastrophic consequences. Spinal cord injuries can cause permanent changes in activities of daily living which may only manifest as recovery proceeds.

How Much is Pain and Suffering Worth?

Going the route of an insurance settlement for your car accident injuries without the help of an experienced attorney may leave you with less compensation than your accident is worth. Insurance adjusters may offer only partial compensation to accommodate your pain and suffering. On the other hand, our personal injury attorneys consider monetary and non-economic damages to reach a worthy settlement. If you’ve been seriously injured, you need serious representation to make a serious recovery.

The Role of Adjusters in Resolving Injury Claims

When pursuing compensation, our attorneys consider not only physical pain and discomfort, but also future pain and suffering, the impact of injuries and limitations on a person’s lifestyle or job, the adverse effects of physical pain, and even the discomfort of necessary medical treatment. In other words, there is no cookie-cutter approach to determining a settlement, but our legal team will work together with you to identify the maximum amount for your recovery.

How Do You Prove Pain and Suffering?

Generally speaking, two types of pain and suffering support a claim for bodily injury and harm. The first is physical pain and suffering; the second is mental anguish. A record of medical visits and treatment related to your injury is necessary in a personal injury lawsuit, including any records of mental health treatment.

Hard truth: If you can’t obtain the medical records proving your injuries, you probably will not be able to prove those injuries in a court of law.

Sometimes injuries appear in the first 24-48 hours, while other internal injuries might surface weeks later and cause further injuries or illnesses. Whatever the case may be, don’t delay treatment for your injuries thinking that a lawsuit will pay for your medical bills.

What are Damages?

With proof, the victim of the accident can sue the at-fault driver for resulting property damage, past and future medical bills, and other losses including emotional distress, mental anguish and pain and suffering.

What Other Factors are Involved in Calculating a Settlement?

Personal injury lawsuits consider both economic and non-economic factors in reaching a settlement amount. Economic damages include medical bills, lost wages, and other out-of-pocket expenses related to your injuries.

Non-economic damages include non-compensation-related losses like pain, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of quality of life. Disfigurement and disability are other types of non-economic damage.

See What a Formula for Calculation of Damages Looks Like

If you are suffering from an accident-related or malpractice caused injury, settling for compensation that doesn’t support your new lifestyle isn’t the only option. And you don’t have to go it alone. Schedule a free consultation with our attorneys to discuss your accident and the likelihood of a successful lawsuit: (703) 638-7717.