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December 6, 2022

The term “pain and suffering” is used by personal injury lawyers to refer to the mental and physical pain experienced during and after an injury from an accident. It can be both physical and mental, and it varies from case to case based on the injuries suffered, the circumstances of the accident, and the individual. If properly documented, pain and suffering can increase the value of a personal injury claim. It is important to understand the potential variations of it and to seek medical attention to help document your condition.

Read on to learn more about the definition of pain and suffering and how it can be recorded for your case.

Physical Pain and Suffering

Physical pain and suffering is the pain and physical distress associated with the bodily injuries that most victims experience in an accident. Some injuries are external and more obvious, while others can be internal and soft tissue, which may require a medical professional to help identify and record.

Some examples of injuries that may qualify for physical pain and suffering compensation include:

  • Back pain
  • Brain injuries
  • Paralysis
  • Neck pain
  • Broken bones
  • Headaches
  • Muscle injuries

These conditions can last weeks, months, or years. In some cases, the injuries are permanent, and no amount of medical help or physical therapy can completely remedy the injury.

Emotional Pain and Suffering

Emotional pain and suffering is the mental distress caused by the accident. This can appear in many ways and can be more difficult to discern, often requiring the attention of a medical professional or therapist to help define the condition.

Some examples of emotional pain and suffering include:

  • PTSD or post-traumatic stress disorder
  • Anxiety
  • Fear
  • Insomnia
  • Grief
  • Reduced quality of life

Emotional pain and suffering can negatively impact a person’s quality of life and, like physical pain and suffering, it can last for months, years, or even a lifetime. This can require various medical treatments and frequent therapy sessions just to manage it.

Evidence of Pain and Suffering in a Case

If you decide to pursue compensation for pain and suffering in a lawsuit, you will need to find a way to prove it. There are a few ways that you can do this.

You, your legal team, and your medical team should document any and all physical and emotional conditions. This can include

  • Proof that you sought mental or physical therapy
  • Photographs
  • Doctor’s notes
  • Therapist’s notes
  • X-rays and other forms of professional evidence

All of these can be used as evidence to show a victim’s pain and suffering, but be sure to discuss your strategy with your medical and legal team, as they may have additional ideas as to how to best prepare your case.

Contact Heintz Law

If you or a loved one have been injured in an accident, you can count on an experienced personal injury lawyer at Heintz Law to help you better understand the concept of pain and suffering. Heintz Law will help you determine the best legal strategy for your personal injury case.

Make Heintz Law your experienced Florida personal injury lawyer. They will work aggressively to protect your rights and to get you the compensation you deserve. Schedule your free initial consultation to discuss your case by calling 941-748-2916 or filling out our contact form. We’ve helped accident victims from Bradenton, Sarasota, and all over Florida receive compensation for their injuries. Call us for a free consultation now at the number above or contact us online.


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Phone: 941-748-2916
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2033 Main St, Ste 406
Sarasota, FL 34237

Phone: 941-238-0093
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