Personal Injury Emotional Distress vs Pain & Suffering


If you are not a lawyer, judge, or associated court professional, chances are you have no desire to be involved in a lawsuit or court case. Unfortunately, you may still find yourself there one day, whether for a personal injury case or another legal issue. 

Getting involved with the unfamiliar scene of lawyers, lawsuits, court cases, negotiations, settlements and the like, will be a lot to handle for anyone. This paired with the emotional distress and financial toll of the accident that brought you there in the first place can be overwhelming, to say the least. 

It is our hope that we may be able to shed light on what you may be able to expect and prepare for as you navigate through the tricky waters of personal injury law.

Preparing for the Emotional Toll of a Personal Injury Case

To ensure that you are comfortable and knowledgeable about the details of your case, communication with your attorney during this time is crucial. 

We recommend that you find a personal injury attorney that will take the time to thoroughly explain all aspects of your case. From initial information, continuous updates regarding your case, as well as guiding you through informed decision making – an open and honest attorney can help keep your mind at ease to give you the peace of mind to handle the emotional side of your case. 

Oftentimes, giant big-name law firm attorneys can be difficult to communicate with depending on the number of cases they are dealing with. Don’t settle for hearing everything from a case manager or paralegal. It’s important to establish these communication expectations with your attorney at the beginning. 

Our St. Pete and Tampa personal injury attorneys at Pipas Law are always available to speak to clients and the community who has questions regarding existing or new personal injury claims.  

Emotional Distress vs Pain and Suffering

Emotional distress often occurs as a result of surviving an accident but having witnessed a traumatic event, such as a traumatic injury or death. Sadly, we see clients going through emotional distress after an accident all too often. 

Emotional distress after an accident takes not only the emotions but the toll the accident plays on a person, mentally and physically, to another level. 

Dealing with injuries and the chaos of a personal injury case can be stressful and emotional at the most basic level, not to mention adding in the emotional distress that comes with witnessing traumatic events.


How are emotional distress and pain and suffering in personal injury cases different? 

In personal injury cases, emotional distress is a small part of pain and suffering (as a whole). Any damages for emotional distress will be factored into your pain and suffering.

In order to prove emotional distress in a case, your attorney will work with information from you, your doctors, and therapists, as well as evidence from your accident. 

While physical injuries are more visible and easy to prove, emotional distress manifests in the form of depression, anxiety, insomnia, and PTSD. All of these are common forms of emotional distress caused by personal injury accidents. 

Pain and suffering, including emotional distress, can be difficult to calculate the value as it relates to compensation. When working with your attorney trying to prove emotional distress, be prepared to hash through all events during and after the accident. This will include any injuries, emotional and physical. Be prepared, this can be a draining and stressful process, depending on the severity of the accident.

Again, working with a skilled and experienced personal injury attorney can be one of the most helpful ways to take on a car accident or personal injury case

When your compensation is being handled by someone you trust, the weight of medical bills and lost wages will be taken care of, freeing you to do the healing that you need to do. 

If you would like to speak with one of our attorneys, please give us a call for a free consultation at 727-888-3925.  

We know how tough personal injury cases can be and truly value the opportunity to smooth out the process for our clients.

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