How Do You Make a Claim for Pain and Suffering?

Monday, June 6, 2016

How Do You Make a Claim for Pain and Suffering?

Written by Malman Law, reviewed by Steve J. Malman.

Chicago Injury Claims Lawyer

If you have been researching personal injury law or exploring your rights, one term that you may have come across is that of “pain and suffering.” While it is true that this is a compensated damage in a personal injury claim, it comes after medical expenses and lost wages. It is not something that is easily computed, either – like your hospital bills or the time that you took away from work. Instead, it requires the assistance of a car accident attorney to help you calculate just how much pain and suffering you deserve – and not all claims qualify for such compensation.

Pain and suffering is something that compensates for the long-term emotional or physical distress that you will endure because of your injury. If you suffered from any physical or mental injuries, you can recover damages under pain and suffering. But, how do you prove that you suffered from emotional distress?

Making Your Claim

The process for making a pain and suffering claim after an accident will depend on several factors. First, you may be required to show the level of pain, and how long you will be enduring such pain after your injury. Some specific injuries can also affect your claim, such as chronic migraines after a head injury. If you suffer from anxiety or panic attacks after your injury, then you may have a different type of claim.

Establishing a Pain and Suffering Claim

The court will need to assess several factors when determining the validity of your pain and suffering claim. These factors include:

  1. The type of injury that you suffered. Not all injuries will receive pain and suffering compensation – especially if you are suffering temporary injuries. If, however, you will have long-term, debilitating injuries that leave you in constant pain, then you are more likely to receive a higher compensation amount.
  2. The severity of pain suffered. This is critical when determining pain and suffering claims. The level of pain from the time of the incident to what it will continue to be like can lessen or increase the value of your claim.
  3. Prognosis for future pain and suffering. This will also be taken into account – as the courts want to know if you will suffer in the future from your injury. Your age and the degree of certainty that you will suffer from your injuries long-term will be assessed.

How Do You Prove Your Claim?

Proving pain and suffering is not as easy as stating that you were injured and experienced pain. Instead, you will need to demonstrate the limited mobility or physical factors that cause chronic pain. This often requires a doctor’s report, treatment plan, testimony from witnesses, and medical records. Your attorney will then be able to present this evidence to the court, and make a compelling argument that you qualify for pain and suffering benefits.

Were You Injured? Contact a Personal Injury Attorney in Chicago

If you were seriously injured in an accident and suffer from long-term physical or mental anguish, you could qualify for pain and suffering compensation as part of your personal injury lawsuit. To explore all compensation that you could be entitled to, contact Malman Law today for a no-obligation consultation at (888) 625-6265 or fill out our online contact form with your legal questions.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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