What Does “Pain and Suffering” Mean in an Injury Lawsuit?

What Does “Pain and Suffering” Mean in an Injury Lawsuit?When you are watching legal shows on television or are researching how to start a personal injury lawsuit, you may notice the term “pain and suffering” being tossed around a lot, especially by attorneys and other legal councils. But what exactly are they talking about? Pain and suffering is not typically a tangible item.

Essentially, it refers to both the physical and mental injuries obtained in an accident that need to be cared for by a doctor, at a rehabilitation center, or with another kind of treatment. The good news is, you can be compensated for the pain and suffering you have experienced as a result of an accident.

Types of pain and suffering in Fort Lauderdale injury lawsuits

If you are ready to file a personal injury lawsuit in Fort Lauderdale or around the South Florida area, then you should be prepared to tell your attorney what kind of pain and suffering you have had to endure after your accident. Coming prepared with all of this information for your attorney will only help speed the claim process up and will also help to get the compensation you deserve as quickly as possible.

Physical pain and suffering

Like it was said above, there are two types of pain and suffering when it comes to a personal injury lawsuit; one of them is physical pain that was caused by the accident. Some examples of physical injuries include things like:

But the list does not stop there. If an accident causes an injury that limits your ability to move or perform everyday activities, then that falls under the physical form of pain and suffering as well.

Emotional pain and suffering

When there has been trauma from an accident that cannot be touched, it is likely emotional pain—and that pain can last for weeks, months, or even years. Some examples of emotional pain and suffering include:

  • Grief
  • Anger
  • Insomnia
  • Fear
  • Worry
  • Shock
  • Post-traumatic stress disorder
  • Ongoing anxiety or depression
  • Psychological trauma

Emotional pain and suffering virtually covers anything that declines or drastically alters your quality of life. When it comes to solidifying a case seeking compensation for emotional pain and suffering, unfortunately the hardest part tends to be proving it.

How to prove pain and suffering in a lawsuit

Unfortunately, it is not enough to simply say that you are suffering without some kind of proof. The good news is that proof is not difficult to get if you are truly suffering. In order to prove your case, try to bring one or more of the following to your attorney:

  • Medical records. This will show that you have seen a doctor to treat your symptoms, whether they are physical- or emotional-related. A doctor’s notes will also mention if long-term treatment will be needed.
  • Prescription medication. Being prescribed medication for physical trauma or mental agony proves that you are suffering and require help for treating the pain.
  • Diary entries. While this is not required, writing in a journal consistently after your accident can show the progress of your physical and mental health in your own words. This will also help your attorney create a timeline if you are not able to remember exactly when your trauma started or became worse.

Do not forget that you should see a medical professional immediately following your accident and, if necessary, attend follow-ups regularly so that all of your injuries can be accurately documented by a credible source.

Other types of damages that can lead to compensation

Pain and suffering is just one kind of “damage” that our Fort Lauderdale injury attorneys can help you secure compensation for. If you have been in an accident, it is likely that you can pursue legal action for at least one of the following other types of damages:

  • Property loss. If you were involved in a car accident that was at the fault of someone else, it is possible to fight for compensation to replace your vehicle or other personal property that was damaged, like a cell phone.
  • Loss of wages. Not being able to work as a result of your injuries could mean losing necessary income. It is your right to be compensated for what you lost.
  • Medical expenses. When you are injured in an accident, you will likely face some hefty medical bills that will pile up—and fast. Making this part of your personal injury claim can help pay them off.
  • Wrongful death. If a family member died as a result of someone else or someone else’s negligence, you can receive compensation for funeral and burial costs, their pre-death medical expenses and more via a wrongful death
  • Punitive damages. Suing for punitive damages is more rare, but not unheard of. This happens when the plaintiff sues someone for damages as a punishment, typically to deter the defendant from partaking in negligent actions again. This is more common in fatal drunk driving or distracted driving cases.

If you or someone you know is a victim in the Fort Lauderdale area and are experiencing pain and suffering, we are here to help. At Yeboah Law Group, we can fight on your behalf for the financial compensation you deserve for your losses. Physical and emotional pain and suffering can sometimes be difficult to prove, but our personal injury attorneys have extensive experience handling complex accident claims, and we have the resources and knowledge necessary to help recover the compensation you need. To arrange a free consultation, call us today at 1-800-TELL-SAM, or submit our contact form today. We have offices in Fort Lauderdale, Miami, Key West and Boca Raton. We also serve clients in Miami-Dade and all of South Florida.