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What is Pain and Suffering in a Lawsuit?

Posted on 06/07/2021Back

Lawsuits are very complicated, and each case is unique. To get the best outcome possible, you need to have an experienced legal team on your side. Here at GoldenbergLaw, we have more than 30 years of experience providing clients with the Gold standard of advocacy. We have the knowledge, expertise, and compassion to help you get justice. Contact us today for a free consultation! 

Pain and suffering in a lawsuit provides a plaintiff financial compensation for having to go through physical and mental suffering as a result of the defendant’s actions.

Physical Pain and Suffering

Physical pain and suffering involve injuries that limit one’s ability to move, coordinate actions, or perform daily living activities. It includes not only the physical effects the victim has already suffered but also the physical pain and suffering they are likely to endure in the future due to the defendant’s wrongdoing. 

Physical pain and suffering can include

  • Permanent damages or changes to the victim’s body 
  • Disfigurements
  • Scarring 
  • Back pain 
  • Traumatic brain injury 
  • Neck pain 
  • Broken bones
  • Internal organ damage
  • Nerve damage
  • Paralysis
  • Headaches
  • Pulled or strained muscles
  • Dislocated joints

Mental Pain and Suffering

Mental and emotional pain and suffering refer to any non-physical suffering that resulted from the defendant’s actions. It includes not only the mental effects the victim has already suffered but also the mental and emotional suffering they will likely endure in the future due to the defendant’s negligence. 

Mental pain and suffering can include

  • Fear
  • Insomnia
  • Grief
  • Worry
  • Anxiety
  • Depression
  • Inconvenience
  • Loss of enjoyment of life
  • Loss of consortium
  • Diminished quality of life
  • Distress
  • Embarrassment 
  • Humiliation 
  • Post-traumatic stress disorder (PTSD)

Proving Pain and Suffering

Pain and suffering needs to be proven. In order to do so, the extent of the victim’s injuries needs to be thoroughly documented. 

Ways to prove pain and suffering include: 

  • Medical records
  • Pharmacy records
  • Medical bills
  • Doctor’s notes
  • Therapist or mental health counselor’s notes 
  • Journals that document the victim’s pain 
  • Testimony from the victim about their physical pain, emotional trauma, and psychological harm as a result of their injuries 
  • Photographs of the victim’s injuries 
  • Videos of the victim’s injuries and daily life
  • Testimony from friends, family, and co-workers about how the particular injury has negatively impacted plaintiff’s life 
  • Testimony from third-party medical experts

How GoldenbergLaw Can Help You

If you or a loved one suffered harm as a result of someone else’s actions, you need a legal team with experience and compassion. We know that lawsuits are complex, and we want to help you navigate the process and achieve the outcome you deserve. Our team has more than 30 years of experience, and we will give you a free consultation of your potential case. Contact GoldenbergLaw today!

Category Legal Process