Is Emotional Distress the Same as Pain and Suffering?

You might have heard the terms “pain and suffering” and “emotional distress” when reading about injury claims. These are both types of damages that sound similar but are not the same. In fact, emotional distress is a specific type of damage that falls under the umbrella of pain and suffering damages.

Below is some additional information about pain and suffering and emotional distress damages. If you believe you might have an injury case in the Las Vegas area, please contact our personal injury law firm to discuss your situation for free.

Pain and Suffering

Pain and suffering are non-economic damages, which are not tied to any financial bills or losses. Because pain and suffering is intangible, it is difficult to calculate and prove to insurance companies. Its intangible nature, however, does not make it any less of a compensable loss. You just need the right attorney who can accurately calculate and support your pain and suffering damages.

Pain and suffering can include:

  • The physical pain you feel due to your injuries or medical treatment
  • Emotional distress from the trauma of the accident
  • Emotional harm due to the weight of your physical pain and symptoms
  • Loss of enjoyment of life
  • Permanent injuries, disabilities, impairments, or disfigurement

All of these can be factored into your pain and suffering damages.

Emotional Distress

Emotional distress is only one aspect of pain and suffering damages. Emotional distress can result from the trauma of the accident itself or the effects of your physical injuries.

Emotional distress can involve many types of mental harm, including:

These are different from the physical symptoms of injuries, such as headaches or physical pain. For emotional distress to qualify as a loss, it should not be fleeting or trivial. It should be persistent distress that has a material impact on your life. You almost always must have physical injuries to seek damages for emotional distress.

Proving Your Pain and Suffering and Emotional Distress Damages

How do you prove the intangible effects of your injuries on your life? An experienced personal injury attorney will know how to present evidence to support your non-economic damage claim. Evidence might include:

  • Medical records showing the extent of your injuries, your need for pain control, and the limitations your injuries caused.
  • Records from the psychological or psychiatric treatment you received.
  • Photos of the accident scene or witness statements showing how devastating the incident was.
  • Pain journals or other notes you keep about your daily mindset and distress.
  • Testimony from friends and family about how your injuries have affected your life.
  • Expert opinions regarding how your specific injuries can cause physical and emotional pain.

Your attorney can identify the evidence needed to prove your claim.

Consult with Our Las Vegas Personal Injury Lawyers Today

Cloward Trial Lawyers seek complete compensation for injury victims, including economic and non-economic losses. We know how to calculate and prove pain and suffering, so you receive total financial recovery. Contact us for a free consultation right away.

Benjamin P. Cloward

In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.

Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV

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Start your Free Case Evaluation by using the form below. You’ll get a fast response from one of our team members or call our office 1-888-888-8888.

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