Accidents happen every single day here in Texas and throughout the United States. Often, people are left with serious injuries that result in immediate medical attention as well as long-term rehabilitation. In these instances, many are faced with mounting medical bills and loss of wages. Medical bills and lost wages are two of the most common types of damages accident victims seek, but what about pain and suffering? It is more difficult to calculate intangible losses like pain and suffering, of course, and it can make settling these types of cases complicated. But with a good personal injury lawyer on your side, you can pursue these damages and receive compensation for the mental anguish you’ve experienced.
Grief, pain and suffering, and emotional upheaval are all common following many different kinds of accidents in Texas, including car wrecks and workplace accidents. This is especially the case when they result in the loss of a loved one. And while no amount of money or retribution will bring back that person, receiving compensation for pain and suffering certainly helps.
Individuals who have been accident-free during their lifetime may not realize what a fair settlement is, or what their options are when it comes to recovering compensation. Recovering damages for out-of-pocket expenses like medical bills, rehabilitation, and prescription medications are relatively straightforward, unlike pain and suffering. One reason for this is that pain and suffering is less tangible than expenses like medical bills. This is why it is important to have an experienced Dallas personal injury lawyer represent you. At Shamieh Law, we understand how devastating accidents can be and want to do everything we can to support you. The purpose of this page is to take a closer look at what it takes to recover damages for pain and suffering. We will also discuss some of the factors that go into determining compensation. If you have any questions or would like to discuss your case with us, please do not hesitate to contact Shamieh Law today.
WHAT IS PAIN AND SUFFERING?
Pain and suffering is a category of damages that refers to injuries a plaintiff may suffer following an accident. In addition to physical pain, this category includes both emotional and mental injuries. Let’s take a closer look at how physical and mental pain and suffering are each defined, respectively:
- Physical pain and suffering – This is the kind of physical pain a person experiences following a car accident or other serious incident. Physical pain and suffering is more than the actual pain and discomfort. It also includes any potential side effects in the future that may occur as a result of the physical injuries.
- Mental pain and suffering – Unlike physical pain and suffering where a person’s injuries are noticeable even to a perfect stranger, mental pain and suffering is less tangible. Mental anguish results from the person’s physical injuries, in most cases. Examples of mental pain and suffering include emotional distress, loss of enjoyment of life, anger, shock, and humiliation. To be clear, any negative or potentially harmful emotion a person experiences following an accident could be grounds for compensation.
Examples of injuries listed under pain and suffering that accident victims may have the right to seek compensation for include:
- Loss of appetite
- Sexual dysfunction
- Mood swings
- Sleep disturbances
- Loss of the enjoyment of life
- Physical pain and suffering, including chronic pain and discomfort
- Permanent disability, scarring, or disfigurement
- Emotional distress
- Mental anguish
- Psychological trauma (such as post-traumatic stress disorder)
- Humiliation or embarrassment
- Physical limitations, such as the inability to play with your children or enjoy time with loved ones
- Diminished quality of life
- Loss of consortium or other similar services
WHAT FACTORS INCREASE COMPENSATION FOR PAIN AND SUFFERING?
Injuries that carry a long and difficult recovery not only impact the accident victim in many different ways but might be worth a higher pain and suffering value. Factors that may increase compensation for pain and suffering in Texas include:
- Accidents that result in fatalities
- Traumatic brain injuries
- Severe burns
- Loss of limb and amputations
- Spinal cord injuries
To prove pain and suffering, you must be able to show the injuries you endured at the time of the accident as well as current and future pain and suffering. If you have questions about this, please contact Shamieh Law.
Insurance adjusters are often at the center of cases involving pain and suffering. Unfortunately, these companies do not always have the best interests of accident victims in mind and will do everything they can to get you to settle early. To get the insurance adjuster to understand your circumstances and react accordingly, you will need to provide evidence to support your case. Those who seek damages for pain and suffering were often involved in catastrophic accidents that left them permanently injured. Our lawyers are here to answer your questions and ensure you receive the full settlement amount for your physical injuries as well as emotional and mental anguish.