Whether it’s worth suing for pain and suffering depends on the facts of your accident, the severity of your injuries, the evidence available, and the damages involved. A lawsuit is not always necessary, but if we do file a lawsuit on your behalf, our attorneys will build your case and pursue the compensation you deserve.
At Jones & Swanson, we believe you should understand your options before making an important decision about your case. Our Marietta personal injury lawyers will review what happened, explain the potential value of your claim, and give you straightforward advice based on the facts.
What Is Pain and Suffering?
Pain and suffering refers to the physical and emotional effects an injury has on your life. These losses are considered non-economic damages because they do not have a specific dollar amount like a medical bill or missed paycheck.
Economic damages include expenses and financial losses that are easier to calculate, such as medical bills, lost wages, and other out-of-pocket costs. Pain and suffering addresses the ways an injury affects your health, daily life, and overall well-being beyond those financial losses.
Depending on the circumstances of your injury, pain and suffering could include:
- Physical pain: Ongoing pain, discomfort, or limitations caused by your injuries.
- Emotional distress: Anxiety, fear, frustration, or other emotional effects related to the injury.
- Sleep problems: Difficulty falling asleep, staying asleep, or getting enough rest because of pain or emotional distress.
- Reduced quality of life: Changes that prevent you from living your life the way you did before the injury.
- Loss of enjoyment: Being unable to participate in hobbies, activities, or time with family and friends that you once enjoyed.
- Permanent limitations or disability: Long-term changes that affect your ability to work, stay active, or handle everyday activities.
At Jones & Swanson, our attorneys will look at the full effect of your injury when evaluating your claim. Your losses likely involve more than medical bills. We will listen to how the injury has affected your life, explain your options clearly, and pursue the compensation you deserve.
When Is Suing for Pain and Suffering Worth Considering?
A lawsuit deserves careful consideration after an accident, especially when an injury is serious or long-lasting. For example, permanent injuries, extensive medical treatment, ongoing pain, or significant changes to your daily activities will affect the value of your claim.
If you are unable to work, participate in activities you enjoyed, or live your normal life because of your injuries, those effects should be included when evaluating your damages.
The insurance company’s response also matters. If the insurer refuses to provide fair payment for your injuries and losses, filing a lawsuit may be necessary to pursue the compensation you deserve. Jones & Swanson will help you make an informed decision about how to proceed with your case.
What Evidence Supports a Pain and Suffering Claim?
Evidence that will support a pain and suffering claim includes:
- Medical records and treatment history: Your medical records will document your injuries, symptoms, treatment, medications, and progress over time.
- Photos of injuries and physical limitations: Photographs will show visible injuries and changes in your physical condition. Photos may also document limitations that affect your daily activities.
- Statements from family members or witnesses: People who see you regularly can provide information about changes in your behavior, activities, or physical abilities after the injury.
- Documentation of missed work: Pay records, employer records, and other documentation will help show how your injury affected your ability to work.
- Personal records: Keeping notes about your pain, sleep problems, medical appointments, and daily limitations will help document what you experience between medical visits.
- Evidence of ongoing or permanent impairment: Medical evaluations and other records will help establish whether your injury continues to affect your ability to work or perform normal activities.
- Medical testimony: When appropriate, our attorneys will use testimony from medical professionals to explain the nature of your injuries, treatment, prognosis, and lasting effects.
Each accident victim’s pain and suffering is personal, but evidence can show how an injury has affected your life. The more clearly your records document your symptoms, treatment, and limitations, the easier it is to understand the full impact of your injury.
At Jones & Swanson, our attorneys will look at the evidence as a whole to understand how your injury has affected your life. We will help document your losses, explain your options clearly, and pursue the compensation you deserve.
Talk With Our Personal Injury Lawyers About Suing for Pain and Suffering
There is no single answer to whether suing for pain and suffering is worth it. Every injury claim is different. The severity of your injuries, the evidence supporting your claim, the damages involved, and whether the insurance company is willing to provide fair payment all matter.
At Jones & Swanson, our attorneys will review the facts of your case and give you honest, straightforward advice. We have won more than $50 million for our clients.
We will take the time to understand how your injuries have affected your life and provide the personal attention you deserve. You will never be treated like just another case number. Call us today for a free consultation.
