13 Examples of Pain and SufferingPosted on: May 20, 2021
Physical injuries are easy to identify.
But what are some examples of pain and suffering?
It’s easy to expect physical injuries after a car or motorcycle accident—broken limbs, concussions, punctured lungs, or even traumatic brain injury. But “pain and suffering”? That’s a little harder to identify.
If you’ve found yourself in the middle of a personal injury case, you might be wondering if you’re eligible for pain and suffering damages. In this article, we’ll break down some examples of pain and suffering and address the way these claims have a legitimate cause for legal action.
Pain and Suffering vs. Physical Injuries
In most cases, pain and suffering damages are only granted if caused by a significant physical injury—disability, loss of bodily function, scarring/disfigurement, or death. In automobile cases, you must suffer a permanent injury to be allowed to make a claim for pain and suffering damages. So, this determination can be vital to the value of your case.
13 Examples of Pain and Suffering
Pain and suffering encompasses both bodily injury and mental anguish, and victims typically find that both are present after an injury.
Here are some examples of pain and suffering that may apply to your personal injury case.
1. Physical Impairment
Physical impairments are one of the most obvious and straightforward reasons for filing a personal injury lawsuit.
Not only has your life been significantly inconvenienced, but the evidence is hard to refute, particularly if that individual is limited in his or her ability to move, perform daily functions, or take actions that would normally have been easy.
2. Physical Pain
Although not as obvious as an impairment, physical pain can have a huge impact on your daily life. Even accident victims that have reached their maximum medical improvement may experience debilitating pain on a daily basis.
In the wake of an accident, as the months pass and your body heals, you may nevertheless be left with lifelong physical reminders, such as scarring, burns, and even lost limbs.
Fortunately, these types of claims are easy to prove, especially with images and personal testimony.
4. Loss of Quality of Life
After a suffering an injury, it is very likely that your daily life will change significantly. If your days are filled with doctor visits and rehab appointments and complicated by side effects from medications, you may feel that the quality of your life has been drastically reduced.
5. Loss of Enjoyment of Life
This is by no means a frivolous pursuit, especially when a clear line can be drawn between the experience of a car accident victim before and after the accident. Whether a mental or physical condition is to blame, the victim can longer participate in activities or hobbies that they had previously enjoyed.
The loss of a child, spouse, relative, close friend, or other loved one can cause unimaginable grief that affects every aspect of your daily life.
And grief doesn’t always have to stem from a fatality. You can also suffer grief if a loved one is no longer the same person as a result of an accident.
Depression is much more than a feeling of sadness; it is an overwhelming sense that nothing matters. If an accident is serious enough, the following emotional distress can be paralyzing.
While the occasional angry outburst may seem understandable, chronic anger affects not just the victim, but everyone around them.
Anger issues can also stem from PTSD or may indicate the presence of a traumatic brain injury.
Any added sense of worry, dread, or uneasiness that was not present in the victim of a car crash before the accident could make for a reasonable claim of personal injury.
Severe car accidents may lead to a fear of driving or riding in a vehicle, diminished response times, insomnia, or even post-traumatic stress disorder (PTSD).
“Inconvenience” in a personal injury lawsuit may sound like the very definition of first world problems, but the issue goes much deeper than that.
The physical and mental consequences of an accident can actively hamper you from doing everyday activities—from work obligations to social events. And consider the negative effects caused by the combination of medical bills and lost wages.
11. Embarrassment, Humiliation, or Indignity
Embarrassment, humiliation, and indignity are forms of mental anguish, brought on by some kind of incident or injury that leaves a victim feeling emotionally vulnerable or ashamed.
This can range from feeling foolish after a slip and fall to others poking fun at the victim to openly abusive language because of the accident.
12. Sexual Dysfunction
Though uncomfortable for many to address (even with an attorney), a loss of physical pleasure, desire, arousal, or sexual function can negatively affect relationships and cause other emotional issues.
13. Loss of Companionship
This doesn’t only refer to married couples, you might also experience a loss of companionship, affection, security, or general care by a parent or child. If the accident victim was responsible for caring and providing for another person, that loss could be detrimental. Additionally, if it is a spouse, your spouse may have a separate claim.
As you can see from these examples, pain and suffering goes far beyond “feeling upset” about a personal injury.
Any of the examples in this article can be just as debilitating as a physical injury; because of this, we believe that you deserve compensation for the pain and suffering you were forced to endure.
At Beers & Gordon, we have more than 70 years of combined experience representing people who have been injured in car accidents, motorcycle accidents, premises liability incidents, and more.
If you’re looking for a personal injury attorney that you can trust who will answer your questions, empathize with your issues, and be your strong advocate in and out of the courtroom, call our offices today to schedule a free consultation.