“Pain and suffering” damages are a crucial form of non-economic compensation that may be pursued by personal injury plaintiffs. These damages aim to reimburse victims for both the physical pain and emotional distress caused by their accidents and resulting injuries.
Damages for emotional distress will specifically address the psychological impact of your injury. Meanwhile, damages for physical pain will serve to compensate you for the actual bodily discomfort you endure because of your injury. Understanding this distinction can be crucial when attempting to accurately calculate the value of your claim.
If you need help recovering damages for pain and suffering, seek guidance from our Pennsylvania personal injury attorneys at the Reiff Law Firm by calling (215) 709-6940.
Understanding the Difference Between Damages for Physical Pain and Emotional Distress
As previously discussed, comprehending the differences between damages for physical pain and emotional distress can be very important when assessing the value of your potential case. Our Pennsylvania personal injury lawyers can further compare and contrast these damages during your free case review.
Damages for Physical Pain
Damages for physical pain serve as compensation for the actual physical discomfort caused by a victim’s injury. These damages may cover the immediate pain felt at the time of the injury and any ongoing pain that persists during the victim’s recovery.
For instance, someone who breaks a bone in a car accident might endure intense pain immediately after the injury and continue to suffer from pain during the healing process. All of the pain endured throughout the victim’s healing process could be accounted for.
Damages for physical pain are usually established through medical records, physical testimonies, and victims’ personal recollections.
Damages for Emotional Suffering
Damages for emotional suffering address the psychological impact of a victim’s injury. For instance, these damages may compensate for mental anguish, anxiety, depression, and other emotional challenges that can arise after an accident.
Unlike physical pain, emotional suffering often includes feelings that might not have a direct, observable cause. For example, a crash victim might develop severe anxiety whenever they get back behind the wheel of a vehicle. Further, an accident victim with a spinal cord injury may become depressed because they can no longer engage in meaningful relations with friends and family members.
The impact of emotional distress on a victim’s daily life and mental health can be profound. It may affect a victim’s relationships, work productivity, and overall well-being. To prove emotional suffering, victims often need documentation from mental health professionals. Further, they may need to present personal testimonies about the difficulties they experienced.
Key Differences
The primary difference between damages for physical pain and emotional distress lies in the nature of each injury and the evidence required to establish it. Physical pain is often more straightforward to prove because it involves tangible, medical conditions. Emotional distress, on the other hand, involves subjective experiences that can be harder to quantify. Accordingly, proving emotional distress often requires different types of evidence such as psychological evaluations.
Additionally, while physical pain typically involves direct physical harm, emotional suffering can stem from both the injury itself and the trauma associated with the event.
Examples of Emotional Distress Injuries in Pennsylvania Personal Injury Cases
There are many different forms of emotional distress that may be incurred by personal injury plaintiffs. For instance, any of the following may be accounted for when determining the value of a claim:
Post-Traumatic Stress Disorder
One of the most common forms of emotional distress injuries if Post-Traumatic Stress Disorder (PTSD). Victims with PTSD might relive their accidents through flashbacks or nightmares. Further, they may also experience severe anxiety, hypervigilance, and avoid places or situations that remind them of the trauma at issue. PTSD can significantly impact a person’s ability to function normally and can require long-term psychological treatment.
Anxiety and Depression
Emotional distress can also arise in the form of anxiety and depression. Anxiety can manifest as constant worry, panic attacks, or an overwhelming sense of fear. Meanwhile, depression might present as persistent sadness, a lack of interest in activities once enjoyed, or feelings of hopelessness. These conditions can affect a victim’s personal and professional life, making it difficult to maintain relationships or perform everyday tasks. Treatment for such injuries often includes therapy and medication.
Insomnia
Insomnia, or difficulty sleeping, can be another example of emotional distress. After a traumatic event, a victim might find it hard to fall asleep or stay asleep. This can lead to chronic fatigue, irritability, and decreased cognitive function. Insomnia can also exacerbate other emotional distress conditions like anxiety and depression. It must often be treated through therapy, lifestyle changes, or medication to improve sleep patterns.
Phobias
Phobias that develop after an injury or traumatic event can severely limit a person’s activities. For instance, someone involved in a serious car accident might develop a phobia of driving or riding in vehicles. This fear can be intense enough to prevent the person from performing necessary daily activities like getting groceries or commuting to work. In order to overcome their phobias, victims may need to undergo specialized therapy and gradual exposure to the feared situation.
Loss of Enjoyment of Life
Loss of enjoyment of life is an emotional distress injury where a person loses the ability to engage in activities they once found pleasurable. This can happen after a significant injury or trauma that changes their physical or mental state. For example, a person who loved playing sports might no longer find joy in them if they are physically impaired or emotionally affected by an accident. This loss can lead to further emotional distress and a diminished quality of life.
Social Withdrawal
Social withdrawal is another example of emotional distress that can follow a traumatic accident or injury. Victims might isolate themselves from friends, family, and social activities they once enjoyed. This can be a coping mechanism for dealing with overwhelming emotions or anxiety triggered by social interactions.
Call Our Lawyers for Help Recovering Emotional Distress Damages in Your Pennsylvania Personal Injury Case
Get assistance from our Pennsylvania personal injury attorneys at the Reiff Law Firm today by dialing (215) 709-6940.
