What is “pain and suffering” in a personal injury case?

By: Ryan Scott, Trial Attorney/Chief Litigation Officer/Catastrophic Injury Division

If you are a victim of personal injury you understand the aspects of the physical injuries you have suffered through. If you have broken bones or a concussion there is an immediate realization on your part that you should be compensated for those injuries by the person who inflicted them. An aspect of damages though, that might not be as clear to you is what is called “pain and suffering”. Pain and suffering is an important part of a personal injury case, but it can be hard to define and/or prove. We can break it down into two distinct kinds: physical pain and suffering and mental pain and suffering.

 Physical pain and suffering revolves around the actual physical damage you have received. Importantly though, it includes not only the current results of your injury but also the future affects you are likely to suffer because of your injury. For example, let’s say you are on the University of Arkansas rugby team and you get hit by a car late at night while crossing Dickson Street in Fayetteville and one of your legs is severely broken. Clearly, you should be compensated for the broken bone itself. Pain and suffering would also include future pain that would result from a seriously broken bone. You could have enduring pain for several months or even years. A dedicated attorney representing your personal injury case will be on the lookout for easily missed aspects of your injury like this that deserve to be compensated.

Mental pain and suffering can be thought of as the emotional by-product of your injury. It includes things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. Take the last example of the Arkansas rugby player. If you have played rugby your entire life and you consider the sport to be one of your passions it is entirely possible that you would undergo significant mental anguish at the thought of being taken away from the sport as a result of a serious leg injury. Mental pain and suffering is not always the easiest thing to calculate and prove however. That is why it is all the more important that you have an experienced attorney at your side in your personal injury case.

At Bailey & Oliver Law Firm we make sure no stone goes unturned. Our firm has years of experience litigating complex cases and representing clients who have suffered from personal injuries. With our representation, you can rest assured that things like physical and mental pain and suffering will not go overlooked. Our office is located just West of Exit 81 on I-49 in Rogers, Arkansas.  Give us a call at 479-202-5200.

We serve Rogers, Bentonville, Springdale, Lowell, Bella Vista, Centerton, Decatur, Highfill, Cave Springs, Gravette, Pea Ridge, Fayetteville, Huntsville, Berryville, Eureka Springs and all of Arkansas.

Bailey & Oliver Law Firm, 3606 W. Southern Hills Blvd., Ste. 200, Rogers, AR   72758