What Kinds of Suffering and Pain Damages Can Be Recovered in Personal Injury Claim? 

When you or your loved one suffered injuries due to someone else’s recklessness and you opt to pursue a reimbursement, therefore, what will be the value of your compensation? There are so many elements of damage are recoverable in personal injury claim such as: Personal Injury Claim

  1. Reduction of earning capacity
  2. Physical suffering, pain and mental anguish
  3. Lost wages
  4. Medical expenses
  5. Loss services, if a child suffered injury
  6. Loss of life enjoyment
  7. Loss of club by a spouse

What are the factors that go into determining suffering and pain damages? 

Suffering and Pain 

Pain may be a physical feeling ranging from annoying physical pain, nagging, sharp, throbbing, stinging, and burning, with the level of sensation that causes a partial or complete disruption of the victim’s ability to function. In addition to that, pain may also be emotional or mental anguish suffered because of an injury such as anguish, fear or anxiety, with an equal level of disruption to the victim’s degree of function. 

Proving emotional and physical suffering and pain may be difficult since it’s very subjective and is very specific to the person suffering it. The severity and level differ from one person to another and can alter from the short-term or acute phase of the injury into a long-term or chronic condition. A Colorado Springs personal injury attorney can surely help you with this. 

The easiest way to illustrate suffering and pain is to compare the victim’s lifestyle before as well as after the injury. How did the injury change the person’s function, whether it is physical or emotional, to do things at home, work and play? Will these changes resume into the future? For how long have these changes occurred? 

One of the objectives to demonstrate suffering and pain is to make an everyday calendar of all your activities in life including home activities, play and work, and evaluate how these activities of everyday life have or haven’t changed before the injury. Check your daily calendar before and after the injury. What activities have resumed or not resumed prior to your injury? Consider checking the questions below:  

  • How physically active were you prior to the injury? Activities you normally to before the injury include playing sports, hunting, hiking and other outdoor activities.  
  • Are you still capable of doing tasks the same level of physical work such as lifting, pushing, pulling, working with your hands and arms, standing or sitting for long periods of time, and carrying heavy loads? 
  •  Are you doing you work with lesser number of hours due to the injury? 
  • Have you lost some opportunities for overtime work as well as additional compensation which comes with it? 
  • Did you lose your job for the reason that you can no longer do the required work assignments? 
  • Are you working with some restrictions since the injury? 
  • Has your boss temporarily accommodated the injury by decreasing your work duties, responsibilities or travel? 
  • Have you changed your work place or do you have to move and get up around frequently? 
  • Do you suffer from anxiety, depression or any other forms of emotional distress prior to your injury? 

 

 

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