Defining Damages: What is Pain and Suffering?

By: Admin

pain and suffering

Whether you get sideswiped on the way to work or get rear-ended by a distracted driver, a single incident can leave you with long-lasting pain and suffering. It only takes one accident to forever alter one’s life. For this reason, it is important to understand what pain and suffering is defined as in the eyes of Florida law, as well as how you may be able to make such claims if you are unfortunately injured due to the negligence of others.

Defining Pain and Suffering

In the simplest terms, pain and suffering is exactly what you might imagine: physical or psychological injuries caused in an accident. As we all know, injuries sustained can run the gamut from cuts and bruises to the most serious of traumatic brain injuries. If your injury is serious enough that it impairs your life or has the potential to cause you long-lasting mental anguish, you may very well have a case to claim pain and suffering.

For accidents that do cause debilitating, traumatic injuries that may impact the victim for months, years or a lifetime, claiming pain and suffering in a suit against the responsible party is justified. Remember, however, that not all scars are physical and not all injuries can be healed through sutures and bandages. Sometimes an accident is so harrowing, it can leave the victim with depression, anxiety, insomnia and other forms of very real, often debilitating mental anguish.

Proving Your Case

Though you may think your pain and suffering is obvious, never pass up the opportunity to collect more evidence: every bit you can find helps. Police reports, doctors’ notes, journal entries, friends and relatives, photos and even eyewitness testimony can all be big players in proving your claims.

Likewise, if an accident has caused you to suffer pain and emotional distress, you can prove your symptoms in a court of law by providing a diagnosis by a trained medical professional and documenting symptoms of injuries.

If you are involved in an accident and believe another party is responsible for your pain and suffering, please do not hesitate to contact our personal injury attorneys immediately. We are here to help you recover what you are owed after the tragedy of an accident.

Testimonials

Al Hilado won my SSDI case for me. They helped me during a time that my life was really hard. I am so thankful to be receiving help now from Social Security. I would highly recommend Al as your Lawyer to win your case.

– Hiram

On September 29, 2015, a serious auto crash changed our lives forever. Injuries sustained by my husband and I resulted in a long hospital stay and several subsequent surgeries. Two years later, we are both still dealing with injury related issues. Within a few days of the crash, we asked a relative about getting an attorney and they recommended Tom DeLattre (Wieland Hilado & DeLattre). Tom returned my husband’s call that same day and arranged to meet with us at the hospital. He explained the process and assured us that he would handle the auto insurance companies. He explained that our job was to work on our recovery. He was always available for questions and would return calls on weekends and while on vacation. We are very happy with the fair settlement that Tom DeLattre worked out with the insurance companies. I would not hesitate to recommend him to friends or other family members.

– L. Newsome