Can I Receive Damages for Pain and Suffering After an Accident?
It goes without saying that being in a serious car accident leaves you with lasting scars. However, the invisible scars can often take the longest to heal, ranging from emotional trauma after an amputation to crippling anxiety attacks. When you suffer from unseen injuries, the law offers a recourse: You can make claims for pain and suffering, or “non-economic damages.”
At Martin Jean & Jackson, our Oklahoma personal injury lawyers frequently help clients who have endured pain and suffering, and have watched every aspect of their life turn upside-down after an accident. We can fight for compensation on your behalf if it happens to you.
What Are Non-Economic Damages?
When calculating damages for your actual physical injuries and property damage, the judge or jury will take medical bills, lost future wages, and expert testimony under consideration, as well as any relevant data on the lifetime costs for your specific issue. But non-economic damages are handled a little differently, as these are more intangible.
The law recognizes two primary forms of pain and suffering – physical and mental. Although both obviously originate in the mind, there are some key differences between the two. With physical pain and suffering claims, the jury will look only at your actual injuries and the level of pain they tend to cause in patients. Any other detrimental side-effects may also be considered.
For mental pain and suffering claims, however, you can include things like:
- Post-traumatic stress disorder (PTSD)
- Humiliation, from disfigurement and scarring
- Anxiety and panic attacks
- Loss of enjoyment in life
- Emotional distress
- Loss of companionship or opportunities
Quantifying Pain and Suffering
It may seem like an impossible task, but the jury or judge will have to take all the information from your pain and suffering claims and quantify it into real compensation. Communication and documentation are imperative in non-economic damage claims. Having a skilled injury attorney who knows how to best document and present the non-economic damage portion of your claim is very important. Have additional questions about pain and suffering claims in Oklahoma? Our award-winning personal injury team is ready to assist you. Call us at (580) 290-1006 for a consultation!