What constitutes "pain and suffering," during a personal injury case in Texas? Are you able to receive damages for pain and suffering?
Pain and suffering is considered to be damage that includes both emotion and physical suffering of an accident victim. Not limited to pain and trauma you suffered.
The term “damages” refers to the amount of money you may be awarded in a lawsuit. Generally, damages are paid by the person who caused the injury due to their negligence or intentional harm.
Let's go through what pain and suffering can look like both physically and emotionally!
Physical Pain and Suffering
Physical injuries that happen as a result of an accident, due to the negligence of someone else, can be very painful, lasting days to years, or unfortunately permanantly. Physical pain includes:
Back pain
Headaches
Neck pain
Traumatic brain injury
Nerve damage
Broken or fractured bones
Dislocated joints
Organ damage
Paralysis
Emotional Pain and Suffering
Emotional distress is when the negligent actions of someone else result in an mental injury. This emotional pain can be severe and can cause lifetime permanent damage to the victim. Emotional pain and suffering can also result in psychological and mental distress.
Emotional pain and suffering can include:
Post-traumatic stress disorder (PTSD)
Anger
Fear
Insomnia
Grief
Cognitive changes
Loss or diminishment of quality of life
It can be uncomfortable to take about injuries after an accident. You don't want to seem like youre complaining or whining. Talking about the full burden it is giving you can be hard for the strongest of people. Make sure you're expressing your true feelings, pain and suffering to your attorney, let them know the full weight of the pain youre in.
Explain in detail what your life was like before, and what it's like after the accident. Every detail counts.
As always, let Ashmore & Ashmore get to work for you when it counts the most!
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