There is no specific amount of money that can be awarded for pain and suffering. Instead, courts will typically give broad guidelines to juries, who decide on an amount. This can often be based on emotion rather than dispassionate logic.

A personal injury attorney with experience can more easily explain to a court the effects of pain and suffering to get compensation for their client. The amount of money awarded for intangible injuries is based more on the injury's severity rather than what caused it.

A personal injury can be anything from a simple slip and fall to a fatal car accident. Personal injury cases are civil cases that occur when the negligence of another party injures someone. The injured party must have suffered some sort of physical or emotional harm.

Most personal injury cases involve motor vehicle accidents. When a person is injured in a car accident, their personal injury attorney must determine who was at fault. The fault of the accident can be determined either by looking at the state's driver's at-fault laws or by a jury.

Today, let's take a closer look at one of the most important aspects of personal injury cases—proving your pain and suffering. Here's what you need to know:

How Is Compensation Calculated in Personal Injury Cases?

The compensation a person receives in a personal injury case depends on medical costs and the impact the injury has had on their life. Depending on the injury type and severity, the person may need physical therapy or surgery, which will also be factored into the compensation.

If the accident caused the person to be unable to work, they would receive paychecks for the time they are unable to work. In some instances, they may receive additional compensation if they earn more than they would have. This would result in lost wages.

But what happens when your injury doesn't affect your work at all? Can you still receive compensation?

What Gives Accident Victim the Right to Ask for Compensation?

To be compensated for your injuries in a personal injury case, you must have some sort of proof of pain and suffering. The amount of money awarded for pain and suffering is not based on the severity of the injury but rather the impact it has on the rest of your life.

In the state of California, even when an accident results in non-monetary losses, victims still have the right to ask for money if they are affected by the following:

• Pain and suffering
• Mental anguish
• Emotional upheaval
• Loss of enjoyment of life
• Loss of companionship
• Embarrassment

What Matters Most in Calculating Financial Recovery?

Medical Records

If a person were injured in a car accident, they would have to have their medical records submitted to their personal injury case. The main thing to look at with medical records is the time spent in the hospital.

The more time spent in the hospital, the more time the person was in pain and suffering, and the more time they were unable to work.

For instance, if a person spent a few weeks in the hospital and could not work or do their daily activities for a couple of weeks, the medical costs and lost wages can be counted for their pain and suffering.

Photo, Video, or Audio Evidence of the Incident and Damage

Although using photos or video in court is not required, it often helps the jury understand the severity of the pain and suffering. This can also be very useful if a defendant denies any wrongdoing.

The defendant can claim, for instance, that the plaintiff is a liar about the extent of their injuries. Having physical evidence of the injuries can help the jury understand that the plaintiff is not lying about their injuries.

If there are no medical records, a personal injury case can be won by simply having the right evidence of the injuries. A photograph or video of the plaintiff's injuries can be just as useful as a doctor's report.

Expert Testimony

Expert testimony can also be used to prove the extent of an injury. An expert is someone with a higher education level than a layperson.

For instance, a doctor is more qualified to speak on the impact of a particular injury than a personal injury plaintiff. The plaintiff may only be able to speak on whether the injury is painful and not the duration of the pain or how it impacts the person's life.

Without an expert to detail the injury and explain the pain's severity, the amount of compensation in a personal injury case can be diminished.

The Benefit of a Personal Journal

The best way to prove your pain and suffering in a personal injury case is to make a personal journal. A personal journal records your feelings and your pain level.

A personal injury case is much stronger when the judge can see your feelings. Reading the journal can give a judge a sense of how you feel about the case and what you have gone through since the accident.

If you have been injured due to a personal injury, use the above information to help you ask for compensation for your pain and suffering. Also, remember that you should always have an attorney to help you ask for the compensation you deserve.

Statements and Testimony From Friends and Family

If you hire the right personal injury attorney, they will take care of the medical records, photos, and video evidence.

They should also compile a list of statements from family and friends who have seen the accident occur. These statements should include what they saw, whether the accident was their fault and how severe the injuries were.

Statements from family and friends can be just as valuable as having a doctor's report. It's easier for someone to say that your injuries looked very bad in person than to write about them in a doctor's report.

The Bottom Line

When proving your pain and suffering in a personal injury case, you should do as much as possible to show that you have been affected. Virtually any injury can be quantified, and a sum of money to compensate the victim. 

These components of your case are also known as the pain and suffering damages. If you have been injured due to a personal injury, contact our experienced attorney today to help you ask for compensation for your pain and suffering.

If you are looking for an accident lawyer in Los Angeles, we can help you. Here at Mendez and Sanchez Law, you will only find the best. Our attorneys and team members are here to help you through the difficult legal landscape as we pursue the compensation you deserve. Please contact us for your injury, auto accident, workers' compensation, and other legal needs today