When to Seek Damages for Pain and Suffering

Pain and suffering is a broad and often confusing term that is used to describe the physical and emotional pain a victim may feel after an injury accident. It may also be associated with a death accident in relation to the pain the deceased victim felt or the emotional anguish the surviving family felt after their loss. Compensation for psychological injuries as well as for physical injuries is available through the courts through a civil lawsuit, and you may be wondering when to seek damages through personal injury lawyers.

When the Physical or Emotional Pain Persists
An individual in a minor fender bender may experience some emotional distress and mental anguish from the stressful event, but this is usually mild and short-lived. On the other hand, if you were in a severe accident that put you in the hospital for several days or longer or that caused significant physical pain for a long period of time, seeking physical pain and emotional distress damages through the courts may be worthwhile. Consider that you may need to prove to the courts that the pain persisted for several weeks or longer to receive decent financial compensation. If your pain and suffering was very short-lived, the court may not feel that you have a strong enough case to issue a financial award in your favor.

When the Physical or Emotional Was Intense
Another reason you may seek compensation for psychological injuries or for physical injuries is if the pain was intense even if it was short-lived. For example, you may have lost a finger in a workplace accident. Your medical bills may be very well documented, but you may also be seeking emotional damages for physical and emotional pain. The loss of a finger may have resulted in very intense but short-lived pain, and the ongoing pain while recovering may have been manageable only with drugs. In addition, the trauma from the event may persist with you for a long time even though the event occurred within seconds. Furthermore, there may be additional emotional distress as you become accustomed to life without an appendage. You may have a strong case for seeking damages for pain and suffering in this type of event.

Personal injury lawyers can help you to better determine if you can or should seek financial compensation for emotional and physical pain you may have endured. When you consult with a skilled, experienced attorney, you can receive customized advice regarding the specific circumstances of your case. This can help you to better determine how to proceed. Keep in mind that physical and emotional pain is only one area of many that you may seek compensation for in a personal injury case.

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