After a car accident, some of the losses to the injury victim are clear. Property damage, medical bills, and lost income can easily be demonstrated and added up. Insurance companies and the courts can clearly see what the victim has lost. There are often other damages, though, that are not so tangible. These non-economic damages include what is known as pain and suffering. The courts recognize that accident victims can experience damages that may not be visible, and the law allows for compensation for these important and serious matters.
What Is Pain and Suffering?
Pain and suffering refers to the mental and physical distress that a person experiences during and after an accident. It includes physical pain, as well as mental and emotional injury—responses such as insomnia, fear, grief, worry, and loss of enjoyment.
Factors That Affect Pain and Suffering Compensation
Car accident victims may experience their injuries and navigate their recoveries differently, but some common factors are considered when determining compensation. These include:
- The severity of the injury
- The amount of pain typically associated with the injuries
- The impact of the injuries on your daily life (including both work and hobbies)
- Expectations for recovery
- The type of medical treatment required
Proving Pain and Suffering After an Accident in Alaska
Because these types of injuries are not easily quantifiable, it can be difficult to prove the toll the accident has taken on a victim’s life. To prove pain and suffering, it is often necessary to provide:
- Medical records
- Statements from treating care providers
- Testimony from family and friends
- Statements from mental health professionals
- Personal journals detailing recovery journey
Is Your Pain and Suffering Compensation Fair?
A car accident can take a serious toll on many aspects of your life, not just your physical health. Accident victims deserve compensation for the pain and suffering they endure when a careless driver causes an accident, and an experienced attorney can help ensure that victims obtain what they need. In Anchorage, attorney Ben Crittenden understands that an accident victim’s journey is only beginning at the moment of the crash, and he is here to help you and your family address all your physical, emotional, and financial needs through the law. Even if you are unsure of your rights, reach out to Ben today to learn more. Subscribe to his free newsletter to receive helpful information and insight into accident claims, or call his office to set up a free, no-obligation consultation.