What Do We Really Mean by Pain and Suffering?

/ / Law Blog
pain and suffering damages in a personal injury case

When it comes to personal injury cases, we often hear the phrase “pain and suffering.” While the phrase itself is fairly broad, it has taken on such a legal connotation that we can easily be confused as to exactly what is covered by a personal injury damages award of “pain and suffering.”  

Accordingly, in this article, we will take this opportunity to try to shed some additional light on the topic so that, if you have been involved in an auto accident or slip-and-fall accident, or some other personal injury, you will have some notion of what you can expect if you are claiming pain and suffering damages.  

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the auto accident attorneys in Stuart, FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.  

Our personal injury attorneys in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600, or schedule a free estate planning to consult online with our online contact form

Two Components to Pain and Suffering

There are two basic components to the concept of pain and suffering damages. They are physical pain and suffering, and mental pain and suffering.

Physical pain and suffering, as you would expect, is the pain you feel from having a physical injury – like a broken bone or seriously injured back muscles.  

Mental pain and suffering cover the kind of negative feelings you have as a result of both the physical injuries you sustained and the shock of something like an auto accident. Thus, mental pain and suffering include mental anguish, emotional distress, loss of enjoyment of life, anger, anxiety, and shock.  It is not uncommon to have serious depression, anger, mood swings, loss of sleep, or loss of appetite after a personal injury. Thus, the person who caused the injury should compensate you for those mental as well as physical injuries.

It is also important to note that pain and suffering do not only cover the injury you experienced to the time of your trial. Pain and suffering damages can include the pain, either physical or mental, you will feel in the future.

Case Examples of Pain and Suffering

To give you a better context as to what exactly pain and suffering damages might look like, some examples should help.

A. Scenario 1 – Serious car wreck  

Assume that a person was in a serious car wreck. The victim who was not at fault suffered several broken bones and a concussion. Also, shortly after the accident, the victim started to have mood swings, anxiety around the prospect of driving and had difficulty sleeping. The victim ultimately went to a therapist and was mentally not able to go back to work for several months.

In that case, the pain resulting from the physical injuries and the mental anguish are all compensable as pain and suffering. While the loss of work income may be sometimes itemized separately, the lost work income as a direct result of the accident can also fall under the umbrella of pain and suffering.

B. Scenario 2 – Fender bender

Assume now that after a relatively small car accident, the victim suffers whiplash. The victim is a cyclist. Because of that injury, the victim cannot work out, and thus cannot prepare for the big cycling event that was to happen in a month. That missed event causes the victim to be frustrated, angry, and a little depressed. Even though the victim did not have to go to a mental health specialist, the relatively minor mental effects of the accident could still be claimed as mental pain and suffering.

With any case, you should be sure to consult with an experienced personal injury attorney so you understand the value of your case.  

Let the Auto Accident Attorneys in Stuart at Crary Buchanan Help with Your Personal Injury Case

Vehicle accidents are one of the leading causes of personal injury and wrongful death in the nation. Many factors can contribute to a traffic accident, but as noted the primary reason is negligence. Drivers are negligent in a variety of ways. A driver who falls asleep may be considered negligent. When a careless driver causes an accident, you can pursue a personal injury claim or lawsuit.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry. 

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr.  Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years. 

During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature. In 1945 he was elected to the Florida House of Representatives. He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate. Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy, and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

Our clients are more than case numbers; they are people. We recognize that you are an individual with unique needs and expectations. Our team is here to meet your need and exceed your expectations. When you work with us, you can have confidence that a caring legal advocate is on your side.

If you have more questions or want dedicated auto accident attorneys in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form. You can always depend on Crary Buchanan for community, experience, and trust. Call today.