Pain and suffering is a component of personal injury claims that victims may be less familiar with. However, it is important to learn more about them as you may be eligible to recover additional compensation. Unlike economic damages, which are easier to quantify (such as medical bills or lost wages), pain and suffering consider the physical, emotional and psychological toll an injury takes on your life.
At Massey & Associates, P.C., our experienced Chattanooga personal injury lawyers are here to guide you throughout the legal process. This includes discussing both economic and non-economic damages you may be eligible to recover. We are committed to protecting your best interests and holding at-fault parties financially accountable for their negligent actions. Find out if you may have a case when you call our law offices.
Request free, no-risk consultation today: (423) 396-0720
The Different Types of Pain and Suffering in Injury Claims
Pain and suffering in injury claims are divided into two primary categories: physical pain and emotional distress.
Physical Pain: Refers to the discomfort you experience due to your injuries, which can range from mild aches to severe, chronic pain. This type of suffering is often documented through medical records and treatment plans.
Examples of physical pain:
- Pain experienced during recovery, including post-surgery or treatment discomfort
- Ongoing physical challenges such as limited mobility, stiffness, or weakness
- Pain associated with long-term conditions like arthritis or nerve damage
- Documentation of pain through medical records, treatment plans, and pain management
Emotional Distress: Covers the psychological effects of an injury. Often documented through evaluations by licensed therapists or psychologists, personal accounts and observations from family and friends who witness the emotional toll of the injury.
Examples of emotional distress:
Psychological effects such as anxiety, depression, or stress
- Trauma from the injury leading to sleep disturbances like insomnia
- Post-traumatic stress disorder (PTSD) and other mental ailments following severe accidents
- Loss of enjoyment in daily activities, hobbies, or relationships
- Feelings of helplessness, anger, or frustration due to the injury’s impact
- Both types of pain and suffering are considered when calculating damages. Contacting a lawyer can help you understand they may be factored into your claim.
What Factors Influence the Compensation I Can Receive for My Pain and Suffering?
Several factors are considered when calculating pain and suffering damages in Chattanooga injury claims:
Severity of the Injury
Serious injuries, such as traumatic brain injuries, spinal cord damage or amputations, typically lead to higher compensation due to their potential to result in permanent symptoms and a need to seek immediate medical care after the accident.
Long-Term Impact
Injuries requiring ongoing medical treatment and therapy or resulting in permanent disabilities are key factors in determining pain and suffering damage.
Effect on Daily Life
The extent to which your injuries interfere with daily activities can significantly impact the calculation of pain and suffering damages. This includes your ability to work, hindered by physical limitations or the need for ongoing medical treatment. Additionally, injuries may affect your ability to care for your family, participate in hobbies or activities you once enjoyed, and manage household responsibilities.
Essential Evidence for Proving Pain and Suffering in Chattanooga Injury Lawsuits
Proving pain and suffering in an injury lawsuit requires thorough and persuasive evidence to demonstrate the full impact of your injuries. Due to the fact that these are non-economic damages, it is important to have as much data as possible to support your claim.
Medical Records
Provide an objective record of your treatment and recovery process. Offer detailed documentation of your physical pain and medical interventions.
Testimony from Healthcare Professionals
Doctors, surgeons, and therapists can validate the severity of your injury. Their insights highlight the treatments and recovery challenges you have faced.
Personal Testimony
Your own account details how the injury has affected your daily life and emotional well-being. This testimony adds a personal perspective to your suffering.
Witness Statements
Statements from family, friends, or colleagues can provide observations of your struggles. Their insights further illustrate the extent of your physical and emotional challenges.
The Role of Comparative Negligence in Chattanooga Pain and Suffering Claims
Chattanooga follows a modified comparative negligence system, which means that if both parties share responsibility for an accident, compensation is reduced according to the percentage of fault assigned to each party.
For instance, if you are determined to be 20 percent at fault for the accident, your pain and suffering damages would be reduced by 20 percent. However, if you are found 51 percent or over negligent, you could be barred from compensation.
This system emphasizes the importance of understanding how fault is assigned in your case, as it can significantly impact the compensation you receive. Collaborating with a knowledgeable attorney can ensure that fault is fairly and accurately assessed, helping you secure a just recovery for your suffering.
Contact Our Chattanooga Personal Injury Lawyers Today
Pain and suffering can impact your life, and securing fair compensation is critical to your recovery. Our experienced legal team at Massey & Associates, P.C. has a history of securing millions for our clients and is dedicated to helping you navigate the complexities of pain and suffering claims.
Contact us today for a free, no-obligation consultation. Let us help you take the next step in pursuing justice and ensuring that your pain and suffering are rightfully acknowledged and compensated.
Get the legal support you need. Call today: (423) 396-0720
Gary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.
