After you have experienced a car accident, physical injuries are not the only injuries you might experience. In personal injury cases, you might also experience various types of emotional damages that stem from the way the accident impacts your life and the emotions you feel from the pain of your injuries. This is where damages known as “pain and suffering” come into play, which are different from other types of damages that you might receive.
The Types of Pain and Suffering Damages
There are two types of pain and suffering, which include physical and mental forms.
Physical Pain and Suffering: This type of pain and suffering accounts for the actual physical injuries that you receive in an accident. This means that you are not only eligible for damages for the pain and discomfort that an injury causes you, but also the impact that the injuries will have on the rest of your life. If a defendant’s actions caused you to permanently suffer and prevent you from getting back on your feet to the same extent as before your accident, you might be eligible for these damages.
Mental Pain and Suffering: These damages are a bit different and include aspects like mental anguish, emotional distress, fear, humiliation, lasting anxiety, and more. In some cases, the results of an accident might cause the most minor distress, such as feelings of fear when you get inside a car. In other cases, the mental suffering might impact every aspect of your life on a huge level. You might feel so distressed that you can’t return to your everyday life or focus on your career. You might be losing sleep at night or you have been unable to eat for weeks after the accident. Many people will experience PTSD, which could cause them to relive the moment again and again in their minds.
Proving Your Claim of Pain and Suffering
One aspect that causes trouble for plaintiffs every year is the fact that pain and suffering are not always as easy to prove as physical injuries that are immediately apparent and right in front of you. If you are in the care of a medical professional who understands how an accident has impacted you emotionally, this is the best first step toward obtaining the compensation you deserve. You might keep a journal of your emotional feelings after an accident, and family and friends might document how the accident has impacted your life through their own detailed records. If you are taking medication for anxiety or PTSD, it is important to present this to the courts because you want to maximize your chance of receiving the compensation you deserve.
No matter how you have been affected by a serious car accident in West Virginia, you deserve the help of an attorney who will stand by your side every step of the way, from initial evidence gathering to your court date. At Katz, Kantor, Stonestreet & Buckner, our experienced personal injury attorneys are here through every aspect, ready to help you in your time of need. Please contact us at (304) 713-2014 to find out how we can assist you.