What Exactly Is "Pain and Suffering"?

In the legal world, "pain and suffering" is not just a phrase lawyers throw around. It is a specific category of "Non-Economic Damages" defined by Connecticut law.

According to Connecticut General Statutes § 52-572h, non-economic damages are compensation for "all nonpecuniary losses." In plain English, this means losses that do not have a price tag or a receipt.

To build a strong case, we break these damages down into two distinct categories:

1. Physical Pain

This covers the actual physical discomfort caused by the accident. It includes the immediate agony of a broken bone or a torn ligament, but it also covers the long-term reality of recovery:

• The burning sensation of nerve damage.
• The soreness of physical therapy.
• The chronic aches that flare up when the weather changes.

2. Mental Suffering

The mind often takes longer to heal than the body. Mental suffering includes the emotional distress that accompanies a serious injury. This can manifest as anxiety, humiliation from scarring, or post-traumatic stress (PTSD). If you are terrified to drive on the highway after a truck accident, that fear is a compensable injury.

"Loss of Enjoyment of Life"

Perhaps the most significant part of your claim is what the law calls the "loss of enjoyment of life." This refers to the specific activities you can no longer do because of your injury:

• A grandmother who can no longer lift her grandchild.
• An avid runner who now walks with a cane.
• A carpenter who loses the dexterity in his hands.

If negligence has robbed you of your hobbies, passions, or independence, you deserve to be compensated for that loss.

Economic vs. Non-Economic Damages

It helps to understand how the law separates your losses. Economic Damages are objective. They include your medical bills, lost wages, and the cost to repair your car. These items have receipts. A jury can look at a bill and know exactly what it cost.

Non-Economic Damages are subjective. There is no receipt for insomnia or the inability to pick up your child. However, these losses are often the largest part of a severe injury claim. In many cases, the pain you endure is worth far more than the cost of the ambulance ride.



How We Prove the "Invisible" Injuries

Since we cannot show a jury a picture of your pain, we must build a wall of evidence to prove it exists. We use specific tools to make your internal suffering visible.

Medical Records

You must be honest with your doctor about every symptom. If you are struggling with anxiety, sleep loss, or depression, you need to tell your physician. If these complaints are missing from your medical notes, the insurance company will argue that they do not exist.

The Pain Journal

We often encourage clients to keep a daily diary during their recovery. You should record specific examples of how the injury limits you:

• "I had to leave my daughter’s birthday party early because my back seized up."
• "I woke up three times last night from pain in my shoulder."

Specific details are much more powerful than general statements.

Witness Statements

Your friends and family are often the best witnesses to your suffering. They can provide testimony about the changes they have seen in you. A spouse can testify that you no longer sleep through the night. A coworker can testify that you seem withdrawn or in pain at the office.

Factors That Increase the Value of Your Claim

Certain aspects of a case will naturally increase the value of pain-and-suffering damages in Connecticut.

• Permanency: When you reach maximum medical improvement, your doctor may assign a "permanency rating" to your injured body part. This is a percentage that represents the loss of function. A permanent injury carries more weight than a temporary one because you will carry that loss for the rest of your life.
• Scarring and Disfigurement: Visible scars are a constant reminder of the trauma. The law allows for higher compensation when an injury permanently alters your appearance.
• Age of the Victim: A younger person who suffers a permanent injury may be entitled to more compensation than an older individual. This is because a 20-year-old will have to live with the pain and limitations for decades longer than a retiree.

Don't Let Them Discount Your Pain

Your pain is real. The anxiety you feel is real. The events you miss out on are real. Do not let an insurance adjuster reduce your experience to a stack of medical receipts.

At Walker Injury Law, we understand that true justice means being compensated for the entire impact of the accident. If you are experiencing symptoms in the aftermath of a crash or fall, contact our Personal Injury Law Office in Enfield, CT, at (860) 789-1000 or online for a free case review. We will advocate to ensure your voice is heard and your future is protected.