While your bones may mend, the fear you experienced may continue.
Perhaps you are scared to drive. Maybe loud noises scare you or you’ve noticed a change in your family dynamic. All of these things can be considered in a personal injury claim.
How do you put a price tag on those? Here are some things to consider when talking about pain and suffering in a personal injury case.
Learn More About:
- What falls under pain and suffering
- How anxiety can play a role
- How to determine the amount of emotional distress
- Ways to show your injuries are impacting your daily life
Pain and Suffering Goes Beyond Physical Pain
When determining a settlement, doctors’ visits and lost wages can be calculated. Pain and suffering covers the human cost of an injury, including loss of enjoyment of life.
Pain and suffering can include but is not limited to: pain, fear, emotional distress, loss of enjoyment of life, and inability to do certain activities you once enjoyed. These damages are referred to as non-economic damages.
Say you broke your leg in an auto accident. Costs may include surgery and time away from work, depending on the injury and treatment. What about all of your time away from your family and the fear you may experience from getting in another accident?
All of this can come into play when determining pain and suffering.
In the state of Minnesota, you may be able to receive compensation for mental anguish if it came along with a physical injury that was caused by someone’s negligence. There are specific laws when trying to file for emotional distress alone, without a physical injury.
If a Minnesota accident has caused both physical and emotional harm, a personal injury practice such as Meshbesher & Spence can review the evidence, medical treatment, and effects on daily life. The key is connecting those losses to the incident.
Anxiety After Injury Is More Than Feeling Nervous
After being injured, many people may suffer from anxiety. You may not think anxiety will be considered, but here are some ways anxiety can impact you after an injury.
You may become afraid to drive, fear certain heights, lack sleep, focus, happiness, or believe that you will never be safe again.
Just because you have these feelings does not mean you will be diagnosed with anxiety. However, all of these things can impact your day-to-day life.
If you are claiming anxiety, depression, or PTSD you want to make sure you know what your symptoms are and when they started. Some people may have different reactions to an injury. They may already suffer from anxiety, and it becomes worse after an injury.
How Is Emotional Harm Given a Dollar Value?
There is no one answer to how much pain and suffering is worth. Some people may have similar injuries but experience different outcomes.
Your claim will depend on what you experienced and how it is impacting you.
Here are some things to consider:
- How painful are your injuries?
- How long have you been experiencing these feelings?
- What are some activities you can no longer do?
- What kind of treatment have you received?
- Will your injuries improve over time or are they likely to stay?
Say two people broke their arm. They may both go through similar treatment and spend the same amount of money on medical bills. One may recover quickly and go back to doing what they love, the other may still have difficulty falling asleep, driving, and enjoying what they once loved.
You may have returned to work but still experience the loss of independence. This loss is harder to measure, but it may be valued separately from medical costs.
You may hear about the multiplier method or daily rate method. This is just used as a basis when coming up with a settlement amount.
Each case will vary on how they calculate your pain and suffering.
What Evidence Helps Support Emotional Distress Injury Claims?
It’s hard to describe to someone what you have been going through after an injury.
First, speak with your doctor about your injuries. If you are having trouble sleeping, feeling anxious, sad, or fearful let your doctor know. Just like you would tell them about lower back pain. If it continues to happen and is impacting your life, you may want to see a psychiatrist to get evaluated.
Document your healing process outside of the doctor’s office. You can write down dates that you have been feeling anxious, depressed, etc. This can also allow you to see what situations are causing you to feel a certain way. It may help you remember certain events that happened during your healing process.
Some things you can use to show your emotional distress:
- Doctor’s notes
- A diary of your experiences
- Missed days at work
- Family/friends statements about your behavior
Remember to keep your diary detailed, but truthful. Instead of saying “I haven’t slept in months” you could state, “Left the grocery store today because I became overwhelmed”.
Mistakes That Can Make the Picture Less Clear
Because emotions can be harder to detect than a physical injury, make sure you document everything.
By not telling your doctor about your symptoms, you may have a gap in your chart. It’s always best to get help when you feel your symptoms. Don’t wait until you have to talk to your lawyer about them.
Lying about your symptoms, or down playing them can also work against you. Make sure you are giving examples of days that you feel good, as well as days you feel anxious.
Lastly, don’t assume the amount an insurance company offers you will cover all of your symptoms. You may suffer from additional symptoms in the future that won’t be covered in your settlement if the long term symptoms are not yet understood.
What If the Insurance Company Disagrees?
There are many reasons why an insurance company may not agree that you suffered from emotional distress. They may believe you suffered from it before your accident, or that your injuries didn’t hinder you in your daily life.
Having documentation of your life before the accident and after can help prove your point.
Also, keep in mind that if you are found to be at fault for the accident, your compensation will decrease by your percentage of fault. If you are found to be more at fault than the person you are seeking compensation from, you will not be allowed to receive any compensation.
If the matter proceeds to trial, a judge or jury may assess the evidence and damages.
Where This Leaves You
There are many factors to consider when it comes to pain and suffering with your injury. If you feel you have suffered from emotional distress, seek proper medical attention. Keep documentation of your life, and understand your rights in Minnesota.