If you're recovering from an injury, you're clearly aware of all the of the losses you have suffered because of this. You'll have medical bills, potentially damaged property, and even lost wages from your job if you were unable to work. While these damages have clear monetary values that can be recovered in a personal injury lawsuit, there is another type of damage that is not so clear. Here's the key information to understand about seeking pain and suffering damages.
What are Pain and Suffering Damages?
The tricky thing about pain and suffering damages is that it cannot be seen, so proving it is very complicated when compared to other parts of an injury settlement. You can't see it in x-rays, and your doctor can't easily diagnose it. This is due to emotional impacts related to accidents being very far reaching. They'll linger long after an injury has physically healed, and can cause problems with getting back to your daily routine.
Some common side effects include depression and anxiety. You may even have mood swings or anger that is uncontrollable. The combination of everything can cause difficulties falling asleep, changes in appetite, and even PTSD symptoms regarding the accident. For instance, a victim of a car accident may have issues driving a vehicle again.
How to Prove Pain and Suffering
It is important that you document your recovery after an injury to help demonstrate how you're suffering. All it takes is doing a daily log that summarizes how you are feeling. In addition to your physical injury status, write down your mental state as well. Write about how you're feeling if you are depressed, and how it affects your day. This can help show how the problem has gotten better over time. Recovery from pain and suffering does not mean you are not entitled to it from what you went through at the time.
You can also seek out help from a professional about your mental health. These will have direct medical expenses related to it, but also provide you treatment to feel better. Following their treatment can result in showing that you are making progress to fix it and that it is a real condition.
How to Receive Compensation
Your personal injury lawyer can determine how much is appropriate for compensating your suffering. They'll use their experience with these cases to know what is an appropriate amount to ask for. In the end, a judge decides on how much compensation you will receive.