When a personal injury occurs, many victims who suffer injuries both temporary and permanent often assume that the only way they can be compensated for pain and suffering is if they have ongoing and severe pain. Nothing could be further from the truth, however, as that limited view of this concept neglects the broader meaning of the terms involved. A proper understanding of this concept of pain and suffering is essential for victims who have to decide whether to seek the compensation they deserve.

Defining the concept

Awards for pain as well as the suffering it brings often require juries to make a subjective evaluation as to the extent of the injuries the victim has suffered. Any time someone is harmed in an accident, there is some degree of physical distress involved. For both medical and legal purposes, however, the real damages can extend far beyond the realm of mere physical suffering.

Many victims experience ongoing trauma that is both mental and emotional. Permanent injuries can result in an inability to perform activities that were once key elements in the victim\’s daily routine. Those disabilities can easily result in emotional trauma that can range from minor depression to more severe mental issues.

Determining the damage level

Lawyers who represent these victims must rely upon a number of factors when determining the proper amount of compensation to seek. The main evidence upon which they must rely is the testimony of both the victim and his physicians. For emotional damage, psychologists are often needed for their expertise in evaluating mental complications.

Physical damage

The trauma caused by an accident can result in ongoing physical suffering that is often difficult for doctors to evaluate. Pain is, after all, a subjective matter, with some patients having a higher tolerance for physical suffering than others. Victims should make every effort to communicate their own experience with physical trauma to their doctors and lawyers.

Depression

In most cases involving mental and emotional damages, depression and anxiety are the most commonly cited complications. Permanent disabilities that result in an inability to work or play can be expected to create greater levels of anxiety in victims, as well as a certain level of depression.

Fearing a future of economic uncertainty as a result of an accident is another common cause for suffering. In addition, many victims experience at least some level of grief over their loss, as well as embarrassment over their reduced mobility and level of activity.

Loss of consortium is yet another of these important issues that should be compensated. This loss involves an inability to have intimate relations with one\’s partner. This can include not only intimacy, but the inability to take care of a sick spouse and provide proper companionship as well.

Every case has the potential for some level of physical and emotional suffering, though the extent to which any particular victim suffers is a purely subjective matter. Victims seeking compensation for these damages should make sure that they thoroughly discuss their own individual circumstances with their personal injury attorney.

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