Pain and suffering is an important part of many personal injury cases. However, unlike monetary damages such as medical bills and lost wages, proof of pain and suffering can be more challenging to gather.
When it comes to calculating pain and suffering, there is no exact formula. Instead, attorneys use several different methods. Contact Colorado Springs Personal Injury Lawyer for more information.
Physical Pain
Pain is one of the ways the body signals that something is wrong and needs attention. The pain caused by a bee sting, a broken bone or a chronic condition like fibromyalgia can all be considered forms of physical pain. However, pain is subjective and different people experience it differently. For example, a bee sting might hurt someone, but it might not bother another person the same way. This is because there are many factors that influence pain, including genetics and biology, past experiences, emotions, environment and the ability to cope with it.
When you have a painful injury the first thing that happens is that a message of pain is sent from your body to your brain through the spinal cord. The nerve at the end of your spine that sends up and down going messages is stimulated by the first pain message and this triggers a second nerve to be sent a signal of pain. The more messages this nerve receives the more sensitive it becomes so that more and more painful stimuli can be felt.
Once this information reaches your brain it is evaluated and some areas of the brain determine the location, type and intensity of your pain while other parts of the brain consider its consequences and make a plan as to what should be done about it. This part of the process is influenced by your emotional and cognitive (thinking) feelings such as fear, anger or anxiety and this can increase or decrease the experience of pain.
The impact of an injury on a person’s daily life and quality of life is also considered when it comes to calculating pain and suffering damages. This could include things like your inability to participate in hobbies or social activities, limitations on your job and the cost of ongoing medical treatment. Documented evidence of the impact of your injuries and a medical assessment that includes detailed information on your pain levels, including frequency and duration is important when proving your case. This can include doctor’s notes and documents from your healthcare providers as well as witness testimony and psychiatric treatment records.
Emotional Pain
When someone suffers a serious injury, it can affect more than just their physical well-being. The emotional pain they experience can be just as severe and often lingers longer than the physical discomfort. It isn’t visible on X-rays or MRIs, but it can feel just as real to the victim.
Immediately after an injury, a person can feel a plethora of emotions, like fear, shock, confusion and surprise. These are normal and deeply human responses to a life-changing event. In fact, researchers have found that a person’s brain can register physical and emotional pain at the same time.
It’s important for people to understand that there are no scientific reasons for one person to feel more or less pain than another. Everyone’s nervous system is unique to them and how they respond to pain varies from person to person. This is why it’s important for people to seek medical help when they are experiencing pain. It gives them a chance to be assessed by a trained professional who can determine whether they are suffering from a medical condition.
People who are suffering from emotional pain can be at risk of feeling neglected or even invalidated by others because it can’t be proven through traditional methods of examination and testing. However, this doesn’t mean that the pain isn’t real. People who experience psychogenic pain aren’t faking or lying about their symptoms and they don’t deserve to be treated badly by those around them.
The emotional pain people experience is often caused by a combination of factors. These can include their mental health, personal history and circumstances and other things that happen in their lives, such as stress and poor coping mechanisms.
It’s also worth noting that the pain people experience can be exacerbated by a lack of access to care or support from their family, friends and community. This is why it’s so important for people to know what resources are available to them to get the help they need and find a way to cope with their emotional pain. They can also try using coping strategies that help them to manage their stress levels, such as meditation and deep breathing.
Loss of Enjoyment of Life
If you’ve suffered injuries due to another person’s negligence, you should be able to receive fair compensation for the impact of those injuries on your quality of life. In addition to paying medical bills, lost wages and other economic damages, you may also be entitled to non-economic damages like loss of enjoyment of life. This type of damage is less straightforward than showing a dollar amount attached to an invoice or pay stub, but it can be important in establishing your claim for fair compensation.
The loss of enjoyment of life concept captures the ways your injury has diminished your ability to engage in activities that bring happiness and satisfaction. This could include hobbies, recreational pursuits, spending time with loved ones, and even simple tasks like taking a stroll outside on a nice day. In some cases, an injury has taken away an entire lifetime of enjoyment. For example, a woman who is suffering from a medical mistake at her doctor’s office could be left permanently unable to have biological children, which would have a profoundly negative effect on her life and well-being.
Proving the impact of your loss of enjoyment of life can be challenging, but it is not impossible. A good way to build your case is to keep a journal that documents the ways your injury has impacted your day-to-day activities. This journal will prove valuable when testifying during depositions and hearings, or in courtroom trials. You can also gather testimony from your family members, friends and coworkers who have observed how your injuries have impacted your daily life.
Lastly, you should be prepared to present expert testimony from a medical professional. A physician can explain the severity of your injuries and how they have affected your physical abilities. For example, a spinal cord injury could limit your ability to lift heavy objects or walk long distances, which would make it difficult for you to enjoy the things you used to love to do. A psychologist can also provide testimony regarding the psychological effects of your injuries. For example, they can explain the lingering feelings of depression and anxiety that might have arisen as a result of your injuries.
Damages
The impact of an injury goes beyond just the measurable costs like medical bills and lost wages. The throbbing pain, emotional distress and diminished quality of life that result from a serious accident can have lasting effects on your well-being and your ability to enjoy your life. Your personal injury lawyer can help you seek compensation for these non-economic losses.
The first step is establishing a connection between your injuries and the physical or mental anguish you experience as a result of them. The best way to do this is by gathering thorough documentation and evidence that establishes the extent of your suffering and its impact on your daily life. This may include submitting detailed medical records, maintaining a pain journal or diary, and leveraging expert witness testimony from doctors or psychologists who can attest to the severity of your injuries.
Non-economic damages are not as easy to calculate as a verifiable financial loss, so your lawyer may use several methods to determine the appropriate amount of pain and suffering damages. One method is the multiplier approach, where a judge or jury simply multiplies your total special damages (like medical expenses and loss of income) by a number, while another common method is to use a per diem approach that awards you money based on the length of your recovery period.
Ultimately, it’s up to a jury to decide how much your physical or psychological distress is worth, but a skilled and experienced attorney can provide valuable guidance throughout the legal process. Your lawyer can also assist you in obtaining the most compensation possible for your losses by leveraging comprehensive evidence that proves the extent of your injuries and their impact on your life.
In addition to supporting your claims with the proper documentation, a dedicated injury attorney can handle all communications with insurance companies and ensure your case is filed within the statute of limitations. This helps you focus on your healing while we fight for the maximum compensation possible to cover all of your losses. Call us today to learn more about filing a claim for your pain and suffering.