When pursuing a personal injury claim, one of the key components of compensation is “pain and suffering.” Unlike direct financial losses, such as medical expenses or lost income, pain and suffering covers the physical and emotional hardships endured because of the injury. But what exactly does this term entail, and how is it calculated in a claim?
In this article, we explain what pain and suffering means in the context of a personal injury claim and the factors that impact its value. If you believe you’ve suffered pain and suffering due to someone else’s negligence, contact us to discuss your case with our team at Specters.
What Does Pain and Suffering Include?
In a personal injury claim, pain and suffering encompass both the physical pain and emotional distress experienced as a result of an injury. This type of compensation seeks to address the impact of the injury on your overall quality of life.
Physical Pain and Discomfort
Physical pain refers to the actual pain and discomfort caused by the injury, including long-term or chronic pain. This can include conditions like back pain, headaches, and mobility limitations.
Emotional and Psychological Suffering
Emotional distress is a significant part of pain and suffering. It covers the psychological impact of the injury, including conditions like anxiety, depression, and post-traumatic stress disorder (PTSD). Severe injuries, for example, can lead to lasting mental health issues and may require ongoing therapy.
Loss of Enjoyment of Life
Injuries can prevent you from participating in hobbies, social activities, and physical activities that were once a meaningful part of your life. Loss of enjoyment compensates for these changes in lifestyle and helps address the disruption to your daily life and future enjoyment.
To learn more about how pain and suffering can impact your personal life, see our article on How Personal Injury Can Affect Your Life.
How is Pain and Suffering Calculated?
Determining the amount of compensation for pain and suffering is not as straightforward as calculating economic damages. The amount can vary significantly depending on factors such as the severity of the injury, the impact on daily life, and the expected duration of suffering. In the UK, pain and suffering compensation is often guided by the Judicial College Guidelines, which outline compensation ranges for various types of injuries.
Factors influencing the calculation include:
- Severity of Injury: The more severe the injury, the higher the compensation for pain and suffering. For example, life-altering injuries typically receive higher compensation than minor injuries.
- Length of Recovery: If the pain and suffering are likely to be long-term or permanent, this will increase the value of compensation.
- Impact on Daily Life: Compensation will also consider how the injury affects your ability to work, engage in hobbies, and maintain personal relationships.
If you’re interested in learning more about compensation types, you may also want to read our article on How Long You Have to Make a Personal Injury Claim.
Proving Pain and Suffering
Evidence is essential in establishing pain and suffering in a personal injury claim. Because these damages are subjective, strong documentation is crucial to support your claim. Useful evidence includes:
- Medical Records: Detailed medical records show the nature and severity of the injury, ongoing treatment, and the prognosis for recovery. This is essential in proving the physical aspects of pain and suffering.
- Psychological Evaluations: If you’ve experienced mental health issues like PTSD, anxiety, or depression following your injury, an evaluation from a mental health professional can help substantiate these claims.
- Personal Journal: Many claimants keep a personal journal to record their pain levels, limitations, and emotional impact over time. These entries provide insight into how the injury has affected your daily life.
- Witness Statements: Statements from friends, family, or co-workers can help paint a full picture of the changes in your behaviour, mental state, and overall well-being.
For more information on building a strong case, see our article on How Personal Injury Can Affect Your Life.
Example of Pain and Suffering Compensation
Consider a scenario where an individual suffers a severe back injury in a car accident. Alongside medical bills and lost earnings, they may experience chronic pain, restricted mobility, and difficulty sleeping. They might also suffer from anxiety when driving or travelling. Compensation for pain and suffering in this case would take into account not only the physical pain but also the emotional impact and reduced quality of life.
How a Solicitor Can Help with Your Claim
A solicitor experienced in personal injury law can help you understand the value of pain and suffering in your claim. Solicitors know how to present evidence effectively, ensure all relevant factors are considered, and negotiate for fair compensation on your behalf. By seeking legal advice, you can better understand what you’re entitled to claim and increase your chances of a successful outcome.
For more on how a solicitor can assist you, visit our Personal Injury Services page.
Contact Us
Pain and suffering encompass the physical, emotional, and lifestyle impacts of an injury. While they may be difficult to quantify, these damages are an essential part of any personal injury claim, designed to help you move forward after an injury. If you believe you’ve suffered due to someone else’s negligence and are considering a claim, contact us to discuss your options. Our experienced team at Specters is here to support you and secure the compensation you deserve.
