The purpose of a personal injury claim is to put you back in the position you were in before you suffered an injury. Victims file a claim to obtain financial compensation for the damages the accident caused. This includes compensation for the emotional effects of their injuries, also known as pain and suffering.
Below, learn more about these damages and how your attorney can try to prove their value. Our Appleton personal injury attorneys help victims recover maximum compensation for the pain and suffering they have experienced. Request a free, no obligation consultation today to learn how we may be able to help you.
Examples of Pain and Suffering
In a personal injury claim, pain and suffering can cover many issues, including but not limited to:
- Physical pain
- Emotional suffering
Factors Involved in Evaluating These Damages
Pain and suffering are considered non-economic damages because they have no specific value assigned to them. Every accident victim’s injuries and experiences are unique, so it is difficult to place a value on their pain and suffering.
Lawyers and juries examine many factors to determine the value of a victim’s pain and suffering, such as:
- The extent and severity of the injury
- Disfigurement caused by the injury
- If and to what extent the victim is impaired from performing normal tasks
- Disability resulting from the injury
- If and how the injury disrupted the victim’s pre-existing conditions
- The economic losses the victim suffered due to the injury
Keeping a Pain Journal
Your attorney may ask you to keep a pain journal to document your pain and suffering and help him or her assign a value to it.
A pain journal is the victim’s first-hand account of his or her experiences involving injuries suffered from an accident. A pain journal records the victim’s pain levels each day throughout the recovery process.
Victims may make several entries throughout the course of the day, as pain levels are affected by medications, treatments and daily activities. As healing progresses, daily entries may not be necessary, but at least one entry should be made each week.
Each journal entry should begin with the date and time of day. It should include a description of the type of pain felt, the affected area(s) of the body, pain level and the frequency of pain.
Entries should also note how the victim’s life is being impacted by the pain he or she suffers. This includes:
- Activities the victim cannot perform or misses out on due to his or her pain
- Limitations experienced due to pain
- Time off work because of pain
Your attorney can explain a pain journal in more detail and answer your questions about keeping one.
Call Our Attorneys for Help
Pain and suffering from an injury can have a devastating effect on your life, and you may be eligible to pursue compensation for these damages.
The licensed attorneys of Sigman, Janssen, Sewall, Pitz & Burkham help personal injury victims recover fair compensation for the pain and suffering they have experienced due to another party’s negligence.
Schedule a free, no obligation consultation and learn how we may be able to assist you. There are no upfront fees to pay and you only pay us if we successfully recover compensation for you.