When it comes to seeking compensation for pain and suffering after an accident, many victims are uncertain about the criteria their injuries must meet. A common question that arises is whether injuries need to be permanent for a claimant to receive compensation for pain and suffering. Here is what you need to know.
The Myth of Permanency
Contrary to what many believe, an injury does not have to be permanent for you to claim pain and suffering damages. Pain and suffering refer to the physical discomfort and emotional distress one experiences because of an accident, regardless of the injury’s longevity..jpeg)
Types of Injuries and Their Impact
An injury’s impact on your life plays a more significant role than its permanency in determining the validity of a pain and suffering claim. Injuries can be:
- Acute but severe, causing intense pain and significant disruption to your daily life.
- Long-term, potentially leading to chronic pain and ongoing challenges.
- Short-lived, yet still capable of causing significant emotional distress and physical discomfort.
Calculating Pain and Suffering
There is no exact formula used to calculate “pain and suffering.” The calculation of pain and suffering is complex and takes into account various factors, including:
- The intensity and duration of pain.
- The disruption to normal life activities.
- The psychological impact of the injuries, such as anxiety, depression, or PTSD.
- The effect on the claimant's personal and social life.
Documenting Pain and Suffering
Documentation is crucial for substantiating a pain and suffering claim. This includes:
- Medical records detailing the nature of the injuries.
- Expert testimony from doctors about the expected recovery process and any long-term consequences.
- Personal diaries or journals recording the daily impact of the injuries.
- Testimony from family, friends, or coworkers who can speak to the injury’s impact on your life.
Legal Considerations
It is essential to consult with attorneys who can guide you through the process of claiming pain and suffering. Experienced attorneys understand how to navigate these claims and can argue for a fair evaluation of both the physical and emotional toll of your injuries.
The Role of an Attorney
At Foster Wallace, LLC, our Kansas City based personal injury lawyers understand the nuances of pain and suffering claims. We know that the effects of an injury go beyond medical bills and can impact every facet of your life. Our attorneys are dedicated to ensuring that you are fairly compensated for both your physical and emotional suffering, regardless of the permanency of your injuries.
In the aftermath of an accident, understanding your rights to claim pain and suffering is paramount. Injuries need not be permanent to have a profound impact on your life. With Foster Wallace Personal Injury Lawyers you have a partner ready to fight for your rights and secure the compensation you deserve for the full spectrum of your pain and suffering.
