Economic damages, like covering your medical expenses, lost wages and car repairs, only cover a fraction of the losses you experience after an accident. How do you calculate damages for non-tangible losses, such as your inability to enjoy activities and hobbies you used to love or enduring chronic pain that interferes with your daily life? These types of damages are often part of non-economic damages also known as “pain and suffering.” Below, our personal injury lawyers near Waterbury, CT, discuss when and how to claim pain and suffering damages after a car accident.
What Is Considered Pain And Suffering?
Pain and suffering is a non-economic damage you can claim after you suffer from a serious injury caused by someone else’s negligence. Pain and suffering offers compensation for the emotional toll and physical pain of your injuries and how they impact your daily life. It provides compensation for non-tangible damages such as dealing with depression or anxiety, grief over the loss of a bodily function, and strained social or relational dynamics because of the accident.
When Can You Claim Pain And Suffering?
To claim pain and suffering in Connecticut, you must have experienced a bodily or mental injury. Often times it impacts your daily life. This injury could be permanent or temporary. For example, you may qualify for pain and suffering if you experience ongoing pain that disrupts your daily routine, emotional distress stemming from the loss of organ function, or anxiety resulting from the traumatic nature of the incident.
What Qualifies as Pain And Suffering?
Pain and suffering is often claimed in your initial claim letter, which your lawyer near Waterbury, CT will draft up for you. The more evidence you have that you suffered significant physical or emotional stress due to the accident, the more impactful your claim will be. Here are some common types of suffering you may be able to claim as pain and suffering after a car accident:
Physical Pain
If you have been injured due to someone else’s negligence, you can receive compensation for the physical pain you suffered during the accident, in immediate recovery, and the impact of dealing with chronic pain in the future. You are also entitled to compensation for dealing with invasive medical procedures and recovery time. This includes compensation for coping with the limitations of necessary medical equipment like wheelchairs, braces, and casts as you recover.
Mental Suffering
One of the primary reasons for claiming pain and suffering is receiving compensation for how your injuries impacted your mental health and emotional well-being. You may be entitled to compensation for ongoing treatments related to depression, anxiety, or PTSD. You may also experience grief and mourning over your former lifestyle.
Impairment and Disfigurement
You can receive compensation for the loss or severely limited use of a bodily function due to the accident. It also provides compensation for enduring permanent scarring or disfigurement that affects your personal appearance and self-confidence.
Loss Of Enjoyment Of Life
Loss of enjoyment of life refers to your inability or limited ability to participate in the activities, hobbies, or traveling you once loved before your accident. For example, if you were an avid golfer before your accident but were then told that you can no longer play due to your injuries, you could receive compensation for loss of enjoyment.
Family Disruptions
If you can no longer perform the roles or hold the same responsibilities you had before your accident, you may be entitled to compensation. For example, you may receive pain and suffering damages if you are a parent with young children and are unable to care for them in the same way after your accident. You could also be compensated for your inability to perform household duties like cooking meals, walking the dog, or taking care of family members.
How Is Pain And Suffering Calculated In Connecticut?
If the case goes to trial, the jury would ultimately decide the amount of damages you are eligible for. Juries are instructed that there is no explicit baseline award for human suffering, and they must use their fair and reasonable judgment when deciding the claim amount. They consider factors such as the severity of the injury, permanent disfigurement, loss of function, emotional distress, recovery time, and evidence of physical injuries.
How To File For Pain And Suffering
Damages for pain and suffering are included as part of a broader lawsuit for your losses after an accident. Your personal injury lawyer near Waterbury, CT, will help you file your claim and state the desired award amount for pain and suffering. To strengthen your claim, you should submit documentation related to the accident, such as police reports and hospital discharge summaries. Keep detailed records of all healthcare interactions, including doctor visits, prescription orders, co-payments, and other care costs. This documentation is used to evaluate the extent of your injuries and how they impact your daily life. In Connecticut, you have two years from the accident date to file your claim, so acting quickly after an accident is vital.