When you are involved in an accident, you may anticipate the immediate pain and discomfort that accompanies these injuries. However, what may surprise you is the prolonged pain and suffering you endure in the days, weeks, or months following the accident. Unfortunately, many are unaware of their legal rights in these matters and do not know they can seek compensation for these damages. If you’re unsure what pain and suffering mean, how compensation is calculated, or the best way to document your suffering, you’ll want to keep reading. The following blog covers these matters in detail and explores the importance of working with an Orange County injury lawyer to fight for justice.
What Is Pain and Suffering, and How Are Damages Calculated?
Pain and suffering is the legal term used to describe the emotional distress victims of accidents experience. Not only does this refer to the actual pain experienced by those who are injured, but it also refers to the emotional anguish, frustration, depression, and discomfort the injuries can cause.
It’s important to understand that pain and suffering are considered non-economic damages. Unfortunately, this means that determining compensation for these damages can be incredibly difficult, as emotional suffering is subjective. Unlike a medical bill for surgery, the emotional impact of an injury on a victim does not come with a receipt, meaning you’ll need to fight for the compensation you deserve if you are impacted. As such, the strength of the evidence you gather is a critical factor in determining your award.
How Should I Document My Emotional Injuries?
To receive the best possible outcome for the damages you’ve endured, you’ll need to gather as much evidence as possible to help support your case. One of the best steps you can take to document the extent of the emotional damages you’ve suffered as a result of the accident is to keep a journal. This provides insight into your feelings and the impact of the pain and suffering on your life.
You should keep a daily log of your symptoms, pain levels, and emotions. You should also note any limitations you experienced, both professionally and recreationally, as this can help showcase the impact of the accident. It’s important to keep doctor’s notes and medical records as well, as this can show how the injury is developing. Keeping a journal helps ensure you can accurately document the impact of the injury, which can help when speaking with the insurance company or testifying before a jury.
In addition, your friends and family may be able to speak on your behalf to help you fight for the compensation you deserve. Loved ones can talk about the changes in your personality and life after the accident. For example, you may have been an avid runner before the injury, which now prevents you from even walking for long periods. Having others speak to the extent of the injury can demonstrate how much it has impacted you.
A considerable amount of factors must be considered when seeking compensation for pain and suffering caused by a negligent party. It’s in your best interest to discuss your legal options with an experienced attorney with Tropical Injury Law Firm. Our team understands how devastating these matters can be, which is why we can handle the legal complexities so you can focus on healing. Contact us today to learn more.
