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When you’ve been injured due to someone else’s negligence, the physical pain and emotional suffering you experience can be overwhelming. In Michigan, pain and suffering damages are categorized as non-economic damages, which means they are not easily quantifiable, such as medical expenses or lost income. However, these damages are no less significant and can profoundly affect your quality of life.
From the physical discomfort and limitations caused by your injuries to the emotional distress, anxiety, and loss of enjoyment in daily activities, pain and suffering damages aim to compensate you for the intangible losses you’ve endured. Working with a seasoned attorney can help you maximize your chances of securing the compensation you deserve for all your injury-related losses.
What Types of Pain and Suffering Does Michigan Recognize?
Michigan’s Modern Civil Jury Instructions permit injury victims to recover damages for the following forms of pain and suffering:
Physical Pain and Suffering
This category includes the actual physical pain and discomfort suffered due to the injuries. It can encompass things like chronic pain, soreness, aches, limitations in mobility and physical activities, and general physical distress caused by the accident.
Mental Anguish
Mental anguish refers to the psychological impact of an injury, such as fear, anxiety, depression, loss of enjoyment of life, mood swings, sleep disturbances, and other mental health issues arising from the accident and injury.
Fright and Shock
Damages for fright and shock compensate the plaintiff for the immediate emotional distress and trauma they experienced during and immediately after the accident, such as fear of impending injury or death.
Denial of Social Pleasure and Enjoyment
An injury victim may be entitled to damages for the loss of ability to engage in social activities, hobbies, recreation, and other pleasurable pursuits they previously enjoyed before the accident and injury.
Embarrassment, Humiliation, or Mortification
If the injuries cause scarring, disfigurement, or disabilities that result in embarrassment, self-consciousness, humiliation, and similar negative feelings, the plaintiff can seek damage for these emotional impacts.
How Do You Prove Pain and Suffering?
Proving pain and suffering damages can be a challenging task since they are subjective and intangible. However, evidence that can help substantiate a claim may include:
- Medical records and doctor’s notes documenting pain complaints, mental health issues, physical limitations, and similar effects
- Testimony from the plaintiff about how the injury has negatively affected their life
- Statements from family and friends who have witnessed changes and difficulties caused by the injury
- Photos and videos showing the plaintiff’s physical injuries and depicting how their life has been impaired
- Expert opinions from medical professionals, psychologists, and other specialists regarding the severity and consequences of the injuries
How Can an Attorney Help?
Having a knowledgeable personal injury attorney in your corner can make a significant difference when pursuing pain and suffering damages. Your lawyer can:
- Thoroughly investigate your case and gather persuasive evidence of the full extent of your damages
- Handle all communications and negotiations with the insurance company
- Advocate aggressively for your rights and work diligently to maximize your financial recovery
- Provide guidance and support throughout the legal process to alleviate stress and allow you to focus on healing
- Take your case to trial if the insurance company refuses to offer a fair settlement
Contact the Davis Law Center Today
Filing a successful personal injury claim can be complicated and overwhelming, especially when you are still dealing with the physical and emotional pain from the accident. The compassionate attorneys at the Davis Law Center understand the challenges you are facing, and we want to do everything we can to make the process as effective and efficient as possible.
Our seasoned legal team has been helping Michiganders fight for their rights for over 30 years, and we are ready to put our experience to work for you. Call us today or contact us online for a free consultation, and let us get to work for you.