PERSONAL INJURY – PAIN AND SUFFERING
Pain and Suffering – noun. The physical and mental distress suffered from an injury, including actual broken bones and internal ruptures, but also the aches, pain, temporary and permanent limitations on activity, potential shortening of life, depression, and embarrassment from scarring, all of which are part of the “general damages” recoverable by someone injured by another’s negligence or intentional attack. The dollar value of damages for pain and suffering is subjective, as distinguished from medical bills, future medicals, and lost wages which can be calculated, called “special damages”. (The Free Dictionary by Farlax.)
As a general rule, the law allows you to make a claim for pain and suffering if you have been injured in an automobile accident due to the negligence of someone else. There are different factors to consider in examining your claim such as whether there are any aggravating circumstances in the accident (i.e., drunk driving, using a cell phone, etc.), the seriousness of your injuries, how long was your recovery and whether you recovered completely.
Pain and suffering is felt and not usually seen by the naked eye. What you can do to document your medical issues is to take pictures of any of the bodily injuries that are visible. Take pictures of cuts, bruises, or marks on you. Take the photos up close and from a few feet away and close up so that the area of harm can be easily seen.
Pain and suffering due to accident injuries is not pleasant and you should be compensated by the at fault person’s insurance.
