How Suffering And Emotional Distress Figure Into Injury Claims
When personal injury attorneys help clients pursue damages, the math is often fairly easy when it comes to medical bills, lost wages, and other quantifiable losses. Things get trickier when it comes to pain, suffering, and emotional distress. Here is how a personal injury lawyer usually approaches these other forms of damages.
State Law
State law dictates what you can pursue. Some states limit damages for emotional suffering, for example. They also frequently exclude emotional damages if there were no physical injuries.
You will want to consult with a personal injury lawyer licensed in the state where the accident happened. They can provide a better picture of what kinds of damages are potentially available.
Pain and Suffering
Damages for pain and suffering cover two sets of issues. First, there is the immediate pain and suffering from the incident. Suppose a victim was on fire for several minutes after an accident. They would likely be able to pursue greater compensation for pain and suffering.
Second, you may pursue damages for ongoing issues. A person who suffered a severe nerve impingement from a slip-and-fall accident might experience pain for the rest of their life. Calculations have to account for suffering through the recovery process and onward. Experts will often weigh in to explain what sort of pain is involved too.
Emotional Trauma
Stress, anxiety, depression, and trauma are all potentially compensable. Once more, state law tends to affect these claims more than ones involving pain and suffering. Personal injury attorneys usually have clients document their ongoing issues in a journal. They will rate their well-being daily, often using a one-to-ten scale. Likewise, lawyers may encourage clients to pursue counseling and document their condition.
Loss of Enjoyment
Accidents frequently prevent people from continuing to enjoy their lives. Compensation might include the loss of enjoyment from hobbies ranging from playing music and painting to cooking and fixing cars.
Perhaps an avid fisher suffered severe damage to their casting hand. The injury inhibits their enjoyment of fishing. Consequently, they deserve damages if they can document that pastime. Personal injury attorneys may present photos of their activities, social media posts, and testimony from other participants.
Loss of enjoyment extends to the inability to participate in family life. A married person has the right to damages for the loss of consortium with their partner. Similarly, parents may demand damages for the loss of the ability to raise their kids as well as possible.
Contact a local law firm, such as Willis Spangler Starling, to learn more.