Personal injuries devastate lives. Car accidents, medical mistakes, and others leave a person with wounds that need to heal and, sometimes, the inability to work or live life the way they desire. One of the most common types of compensation sought is for pain and suffering, which you certainly have likely experienced if you have been in any of these types of incidents, but what qualifies as pain and suffering?
Typically, pain and suffering refer to the physical and emotional injuries you have suffered as a result of an accident. Many people suffer significant injury, which causes physical pain. They also suffer mental anguish, emotional distress, and trauma.
At BDIW, our Oklahoma City personal injury attorneys work with clients to help define what their pain and suffering is, including how it is expressed and how severe it is. To learn if you can pursue such a claim, set up a free consultation with our legal team today. Let us provide you with the support you need to move your case forward.
Defining Physical Pain and Suffering
Physical pain refers to the way you feel after an accident or due to an injury. Typically, this pain stems from the accident itself, including the rush of pain you may feel during the incident and after it. For some people, that pain continues on much longer, even lasting for years after their injuries have healed.
This is often due to damage to the nerve and central nervous system, and it is referred to as chronic pain. Some examples of pain and suffering from a physical standpoint include the following:
- Neck pain
- Back pain
- Traumatic brain injury
- Nerve damage
- Broken or crushed bones
- Damage to joints
- Muscle, tendon, and ligament pain
If you suffered any of these or other types of physical pain as the result of your accident, reach out to our personal injury attorneys for a consultation. We will discuss your case with you thoroughly and provide you with answers to your questions related to compensation.
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Defining Emotional Pain and Suffering
While physical pain may seem a bit more easy to define, emotional pain and suffering are very much a real occurrence, and many people experiencing it may not know how to communicate what they are feeling. Emotional pain and suffering after a car accident, for example, refers to the mental health disorders and psychological distress a person feels after being in an accident.
Some examples of this type of pain include:
- Cognitive changes due to a brain injury
Some people develop mental health complications as a result of an accident. The pain suffered by victims like this is not fleeting. Often, that pain can be sustained for months or even become lifelong if they do not receive the support they need to overcome it.
When you factor in the losses you have incurred, it is critical to think about the pain and suffering at the time of the incident as well as now. How is your life different now as a result of the accident?
How Are Pain and Suffering Damages Calculated?
One of the steps our personal injury attorneys take is to calculate your losses, and a component of that will be determining what your pain and suffering damages are worth. It is critical to remember that there is no simple or straightforward way to estimate the losses you have incurred in this area.
We cannot do anything to make that go away. However, we can work to help you get the maximum award possible.
Calculating pain and suffering damages is not simple and is quite subjective. It requires consideration of many factors, including:
- The type of injuries you have
- The severity of those injuries
- The extent of the pain you endured
- The impact on your life caused by the injuries
- The loss of earnings and earning capacity related to the losses suffered
- Reasonable expenses related to resolving pain and suffering care
- The lasting impact of the injury, such as how the injury will impact a person’s life to enjoy life going forward
- The person’s age and physical condition, as well as their physical activity level both prior to and after the injury
Juries in Oklahoma are guided by criteria to help them determine the appropriate amount of damages to be awarded. They must consider various aspects of the victim’s losses.
There is a cap on the amount of pain and suffering damages that may be claimed in the state of Oklahoma. That amount is typically $350,000.
There are some exemptions to this, especially if the impact of the incident is permanent or considered catastrophic. This could allow for a jury to award a higher amount of damages. Our legal team will provide you with more insight into whether this may apply to your situation.
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We Work to Prove Your Pain and Suffering Losses
Proving your pain and suffering damages is also complex, but our highly experienced legal team can offer insight into what your legal options may be. We can use a great deal of information to help prove how badly you have suffered.
- Demonstrating how it has impacted your life
- Providing witness statements to help support your claims
- Discussing the pain of the incident and what you felt at that moment
- Discussing the losses you have sustained as a result and the emotional toll that has had on you
- Working to demonstrate how other people who have had similar accidents also experienced those losses
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Meet with Our Legal Team to Learn How We Can Help You
What qualifies as pain and suffering in your situation? Let us discuss that with you. Set up a consultation with our legal team now to learn more about the legal strategies that may be available to you. We are committed to working to support you throughout this process.
There is nothing to pay for a free consultation. Contact BDIW now to discuss your losses with our aggressive attorneys, who are ready to protect your rights.
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