Consult the Krebs Law Firm Personal Injury Lawyers For Pain and Suffering Claims

In a personal injury claim, the term ‘pain and suffering’ describes the combination of the emotional and physical distress a person suffers because of an accident. Almost all injury claims include demands for compensation for pain and suffering. Here, potential clients can learn more about how the Krebs Law Firm Personal Injury Lawyers put a value on pain and suffering.

Physical Pain

Every person experiences pain at some point in life. Injuries to bones, muscles and internal organs can cause long lasting, severe pain. A victim of a personal injury can encounter pain from a broken ankle or knee, from lacerations, head trauma or from other injuries. Where assessment of physical pain is concerned, there are no scientific or technological methods on which to rely. Everyone experiences pain in a different way, and for a claim to be successful, the plaintiff must be able to communicate his/her pain in an easy-to-understand way.

Emotional Suffering

Emotional distress is sometimes referred to as mental anguish, and it describes injuries suffered by victims due to someone else’s willful or negligent actions. Some insurance adjusters see emotional distress as a money-making ploy used by victims, but that is inaccurate. Emotional distress is a real, debilitating condition, and any event can result in life-changing injuries. When an attorney negotiates with an adjuster, he or she will encourage the client to discuss his/her symptoms as a way to articulate the level of emotional distress. These symptoms include:

  • Depression
  • Anxiety
  • Guilt
  • Frustration
  • Bitterness
  • Loss of companionship/consortium
  • Insomnia

Telling the adjuster about these symptoms might not be enough. To persuade the insurer to provide reimbursement for pain and suffering, the victim and attorney must concisely explain the effects of these symptoms and support the claim with evidence.

Supporting Evidence

Although the victim knows his/her emotional distress is genuine, it is still important to back it up with tangible evidence. An adjuster must account for every dollar paid in compensation, and the evidence a victim provides gives the adjuster a legitimate reason to increase the payout. Documentation such as mental health assessments, letters from loved ones, journal entries, prescriptions and medical bills can all support a claim for emotional distress, pain and suffering.