Believe it or not, personal injury law covers more than just physical injuries. In most cases, the aftermath of an accident involves compensable damages that aren’t easily recognized at first glance. The pain and suffering endured during and after an accident can take a hefty toll on the personal injury victim’s mental health. The right attorney knows exactly how to prove that a client has suffered, and has the skills to win the compensation justly owed.

Pain and suffering is a form of general damage that refers to physical and emotional distress experienced by the plaintiff due to an injury. Pain refers to, as you can probably guess, physical pain, while suffering refers to mental or emotional anguish. Some examples of damages that fall under this category are as follows.

  • Depression.
  • Anxiety.
  • Damaged relationships or reputation.
  • Physical limitations that are either temporary or permanent.
  • Scarring and disfigurement.
  • Potentially shortened lifespan.
  • Post Traumatic Stress Disorder (PTSD).
  • Chronic pain.
  • Aches and spasms.
  • Social disorders.

Your own testimony of the accident and your injury will of course be included in the beginning of your trial, however, it will be brief and a very small part of the evidence considered. It’s important to go over what you’d like to say with your attorney so that you can make the most of the opportunity.

How Can You Prove It?
How do you prove something that you can’t see? How can you sway a jury in your favor? It can be tricky, but an experienced personal injury lawyer can help you gather the right evidence to prove your case.

  • Witnesses who have seen the plaintiff struggle, and can testify to the differences between now, and before the accident.
  • Compelling facts that are unique to the plaintiff.
    • For example, let’s say the plaintiff experienced head trauma and became blind in a workplace accident, and can no longer paint. It would be helpful to bring up the fact that the plaintiff was once an artist, and explain how his injury has taken that from him. Relevant personal facts help explain the gravity of pain and suffering so that the jury can reach an informed decision.
  • Statements from medical professionals who have been involved in the victim’s treatment.
  • In cases where the plaintiff wants to claim damages for suffering, a statement from a psychiatrist or therapist.
  • Pictures of damages such as your physical injuries that have caused you extreme pain or physical limitations.
    • For example, if there was a car accident that caused a spinal cord injury, it would be beneficial to have pictures of the vehicular damage and the injury itself, or even X-rays.
  • Prescribed medications directly linked to symptoms of your injury such as pain relievers and medications for anxiety or depression.

How Much is My Pain & Suffering Worth?
That’s the million dollar question; how do you measure the financial value of a person’s pain and suffering? In Missouri, there is no set legal formula to calculate the exact amount of money that a personal injury victim’s pain and suffering is worth. The value is determined by subjective criteria, which is why every case settlement for pain and suffering is different. If your case goes all the way to trial, then the verdict will be decided by a jury. Some of this criteria includes the following.

  • Type of accident that caused the personal injury.
  • Type of personal injury.
  • Severity of the injury and the pain involved.
  • Length of time needed to recover.
  • Impact on quality of day-to-day life.
  • Necessary medical treatment.
  • Impact on the person’s job and or relationships.
  • Whether or not the plaintiff holds any fault for the accident.
  • Prognosis.

This is why you need the finesse of an experienced attorney in order to win the financial compensation you deserve. Sometimes financial compensation for your medical bills and lost wages isn’t enough to make things right. When an accident caused by another party’s actions or negligence negatively impacts your life, it’s rare that things can ever go completely back to normal. You deserve a settlement for these unnecessary hardships. Contact The S.E. Farris Law Firm to schedule your initial consultation for free legal advice from a skilled St. Louis personal injury lawyer near you.