If you’ve suffered injuries due to someone else’s negligence, you may not only have incurred financial losses — but physical and emotional ones, too. Pain and suffering is a key component of a personal injury case, and can make up the largest part of a settlement or verdict. While these damages are intangible and can be difficult to quantify, it’s essential to have solid evidence to help ensure you obtain the maximum compensation available.

What is Pain and Suffering?

Pain and suffering, also sometimes referred to as “non-economic losses,” is a type of damages awarded in personal injury actions. In contrast with economic damages — which accounts for monetary losses incurred due to an accident — pain and suffering is meant to compensate for the impact a victim’s injuries had on their daily life.

Pain and suffering damages in a personal injury case can account for the following:

• Physical pain
• Mental anguish
• PTSD
• Emotional distress
• Loss of enjoyment of life
• Disfigurement caused by the injury
• Debilitation
• Humiliation and reputational damage
• Inconvenience
• Psychological impact of the injury
• Loss of consortium

Depending on the type of injury, you may also have suffered cognitive impairment. Critically, traumatic brain injury and chronic pain can lead to brain changes that make it difficult to focus, recall information, problem-solve, and concentrate. Loss of cognitive functions can create hurdles in employment, education, and daily life that were not present prior to the accident-related injury, and this may be reflected in a pain and suffering award.

What Evidence Can You Use to Prove Pain and Suffering?

To prove pain and suffering in an Alaska personal injury case, you will need to show how the injuries affected your life, livelihood, and relationships. Although pain and suffering is largely subjective, there are still various forms of evidence that can be used to support your claim. Notably, both physical evidence and testimony can help establish these damages.

Specifically, the following types of evidence may be used to prove pain and suffering in a personal injury case:

• Medical documentation — While medical bills and records can be used to demonstrate your economic losses, they can also be used to show the severity of the injury you suffered and the pain and suffering you’re experiencing as a result.
• Psychiatric records — Medical records from a therapist, psychologist, or psychiatrist can document the emotional distress and mental anguish you feel due to your injuries. They can show the emotional impact of your injury for the purpose of obtaining pain and suffering compensation.
• Photos and video of your injuries — Visual evidence of your injuries, such as photos and videos, can be compelling to prove pain and suffering. For example, photos that show disfigurement, scarring, swelling, bruising, or broken bones can convey the physical discomfort and emotional trauma caused by the injuries.
• Expert testimony — Expert witnesses in the medical field can testify about your injuries and provide insight to a jury about how they affected your life.
• Testimony from friends and family — Your friends and family can testify about the changes they’ve seen in your life since you were injured, and how they affected you.
• Employment history — Although employment history can establish a claim for lost wages, it can also be used as evidence to establish pain and suffering damages. For instance, if you can no longer perform your job or had to change your field of employment, this can be used to show the pain and suffering you experienced due to your accident-related injuries.

It can also be helpful to keep a daily log that details the impact your injuries had on your life. Note your symptoms, the level of pain, and the physical limitations you experience each day — be as descriptive as possible. You should also keep a record of the emotions you are feeling and list any psychological issues you are having as well. These entries can be useful to help your attorney negotiate with the insurance company or argue your case to a jury.

What is the Compensation for Pain and Suffering in Alaska?

Pain and suffering damages often represent a significant portion of a personal injury award. As the facts and circumstances surrounding each claim are unique — and every victim’s injuries affect their lives differently — the amount of pain and suffering can vary widely from case to case. However, it’s crucial to be aware that Alaska law caps the amount of non-economic damages in a personal injury case.

In most personal injury matters, the highest amount of pain and suffering damages that can be awarded by law is the greater of $400,000, or the victim’s life expectancy in years multiplied by $8,000. In cases involving severe permanent physical impairment or disfigurement, the statutory cap increases to $1,000,000 or the victim’s life expectancy multiplied by $25,000 — whichever amount is greater.

Contact an Experienced Alaska Personal Injury Attorney

Proving pain and suffering damages can be complex. It’s vital to have the representation of a skillful personal injury attorney by your side who knows how to build a strong case to help ensure you receive the maximum compensation you deserve.

Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, is committed to representing clients for a broad scope of personal injury matters. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.