• Firm Overview
    • Blog
    • Community Engagement
    • Counties We Serve
  • Attorneys
    • Christopher L. Rhoads
    • Jerry P. Rhoads
    • Katherine H. Reardon
    • Samuel Kyle Lamar
    • Emma H. McFarland
    • Bradley P. Rhoads
    • Thomas M. Rhoads
    • Mary Lisa Prendergast
    • Nathan Lee Bishop
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Social Security Disability
    • Workers Compensation
    • Product Liability
    • Nursing Home Abuse
    • Wrongful Death
    • Tractor Trailer Accidents
    • Industrial Injuries
    • Premises Liability
    • Medical Malpractice
    • Drug and Medicine Injuries
    • Brain Injuries
  • Results
  • Testimonials
  • Contact Us
Free Case Evaluation
24 Hours a Day
Click to Call:
888-709-9329

Honest. Caring. Aggressive.

Contact us todaySchedule a free case review now
Home / Blog / Pain and Suffering Are Not Well-Understood

Pain and Suffering Are Not Well-Understood

Most people have heard of the term “pain and suffering,” but not many fully understand the concept, especially as it’s used in the legal sense. For those who have been injured and are pondering a personal injury lawsuit, this changes very quickly. Whether your injury came as a result of a car accident, medical malpractice, slip-and-fall, or other kind of accident, you would likely have a number of questions about pain and suffering and it’s role in your personal injury case.

So What Does “Pain and Suffering” Refer To?

The definition of “pain and suffering” has multiple components and includes both physical pain and suffering as well as emotional or psychological pain and suffering. Physical pain and suffering is easier for people to understand. It involves the victim’s immediate physical injury, but it also refers to the long-lasting physical effects that will color the victim’s life as a result of the negligence of the defendant. Keep in mind that physical pain and suffering is a completely different claim of damages than a claim for medical expense, though these are also usually part of a personal injury claim.

Emotional or psychological pain and suffering is so much more difficult for people to understand because there is usually not a visible marker for it. People who appear perfectly after recuperating from an injury may well still be suffering emotionally for years to come. Emotional pain and suffering can include any negative emotions arising from the trauma of an accident or from the injuries caused by an accident. Many people experience pain and suffering through the lens depression, post-traumatic stress disorder, anger, sexual dysfunction, insomnia, or any other negatively impactful psychological state.

Doctors Play Key Role in Proving Pain and Suffering

There are no hard and fast rules on proving pain and suffering claims, but your doctor and medical records provide key context for any jury or insurance company reviewing your claim. Proving pain and suffering is virtually impossible if you did not initially seek medical care for your injuries. For this reason, the most important thing for you to do when injured is to be assessed by a medical professional right away. This is the safest for you physically, as it allows any injuries, including invisible injures, to be assessed and treated.

In addition to ensuring proper medical diagnosis and care, prompt medical assessment will provide key support for a pain and suffering claim. It’s important to document everything you are experiencing in the care of your injury, including symptoms, services and care received, doctor’s records, statements from the mental health professional who is treating you, receipts for prescription and OTC medication, and proof of lost wages. In addition, a personal pain journal can be very useful because it can show a history of your pain and the activities you have missed. Pictures of the injury over time can also be included.

The absence of a clear definition for pain and suffering and variances in the ways juries award damages for pain and suffering claims can be confusing. In order to ensure you are appropriately compensated for your pain and suffering, hiring an experienced personal injury is recommended. The personal injury lawyers at Rhoads & Rhoads have decades of experience working with injury victims who are successful in their pain and suffering claims. To find out how we can help you, call us today for a free consultation at 1-888-709-9329.

No fee until we win.

Contact an Attorney Today

    Reviews

    “I think with Chris, when I first met him, and with everyone I’ve met in this office, they have a genuine interest in you. And they care about you. It’s not about making money. They want to listen to you and they want to understand and hear your story and try to help meet your needs the best that they can.”
    – Amy, Car Accident & Social Security Disability
    All Client Reviews

    Owensboro Office
    115 East Second Street, Suite 100
    PO Box 2023
    Owensboro KY 42302
    Toll Free: 888-709-9329
    Get Directions
    Madisonville Office
    9 East Center Street
    Madisonville, KY 42431
    Toll Free: 888-709-9329
    Get Directions

    Recent Posts

    • Who’s Liable in a Truck Brake Failure Accident in Kentucky?
    • How a Distracted Driving Accident Lawyer Can Help Prove Your Case
    • Types of Concussions From Car Accidents and How a Brain Injury Lawyer Can Help
    • What Are Special Damages in a Personal Injury Case?
    • Factors that Contribute to Wrongful Death Settlements
    • What Are the Types of Musculoskeletal Conditions That Qualify for Disability?
    • Accidents Caused By a Truck Blind Spot

    Follow Us

    We've Got Your Back.
    Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

    Copyright 2021 Rhoads & Rhoads | All Rights Reserved | Privacy Policy