In personal injury law, “pain and suffering” often comes up – but it’s also one of the most misunderstood aspects of a claim. Pain and suffering refers to the physical discomfort, emotional distress, and decreased quality of life resulting from an injury. Unlike medical bills or lost wages, which are tangible and easily quantified, pain and suffering are subjective. That’s why distinguishing between legitimate claims and exaggerated or unsupported claims is essential for both claimants and attorneys.
What Qualifies as Pain and Suffering?
Pain and suffering encompass both physical and emotional impacts of an injury. Examples of legitimate claims include:
Physical Pain: Ongoing discomfort, limited mobility, or chronic conditions caused by the accident. For example, a back injury that makes sitting or standing painful qualifies as a valid claim.
Emotional Distress: Anxiety, depression, insomnia, or post-traumatic stress stemming from the incident. For instance, a car accident victim who develops a fear of driving may claim emotional damages.
Loss of Enjoyment of Life: When an injury prevents someone from participating in activities they once enjoyed, such as sports or social events.
Permanent Impairment or Disfigurement: Scars, limb loss, or reduced functionality that affects daily life.
Pain and suffering damages are intended to compensate the injured party for the real-life consequences of their injury, beyond the measurable financial costs.
How Pain and Suffering Claims Are Evaluated
Insurance adjusters and courts assess pain and suffering claims by examining credible documentation and evidence. Common methods include:
- Medical records and detailed notes from doctors or specialists documenting ongoing pain and treatments.
- Personal journals or logs describing daily pain levels, sleep disruption, or emotional distress.
- Expert testimony from psychologists, physical therapists, or vocational experts that supports claims regarding emotional distress or lost functionality.
- Evidence of tangible impact on daily life, or how the injury affected work, family life, or hobbies.
Legitimate claims are grounded in clear, consistent evidence. Hyperbolic or exaggerated claims, on the other hand, are likely to be challenged or dismissed.
What Will Be Considered Hyperbole
Pain and suffering claims can be rejected if they appear inflated, inconsistent, or unsupported. Exaggerating one’s injuries can damage credibility with the courts and reduce the likelihood of a successful settlement.
- Claiming extreme, life-altering pain without medical records to back it up.
- Exaggerating emotional distress with no documentation from mental health professionals.
- Misrepresenting the impact on daily activities, such as claiming total immobility while evidence shows normal movement.
- Adding unrelated personal hardships that aren’t connected to the injury.
Making a Strong Claim
To ensure a pain and suffering claim is legitimate:
Document Everything: Keep detailed records of pain, treatments, medications, and emotional effects.
Seek Professional Evaluation: Work with doctors and therapists who can provide expert opinions regarding your condition.
Be Honest and Consistent: Avoid exaggeration or unverified claims.
Consult an Experienced Attorney: A personal injury lawyer can help quantify damages accurately and present your case effectively.
Consult a Personal Injury Attorney to Understand Pain and Suffering
Pain and suffering are valid and essential components of personal injury claims – but they must be substantiated by real evidence.
Anyone considering a personal injury claim should understand that pain and suffering is taken seriously when documented carefully and presented honestly. Exaggeration, hyperbole, or unsupported statements are likely to be challenged and potentially dismissed. Consulting an experienced personal injury attorney – like the professionals at Probinsky & Cole – ensures your claim is supported and positioned for the best possible outcome.
Our team is dedicated to helping injured parties receive the justice and support they deserve. If you have been injured and need an attorney, call Probinsky & Cole today. We have offices in Sarasota, Tampa (Brandon), and Orlando.
