Can I Sue for Pain and Suffering?

If you are in Minneapolis and have experienced an injury or a traumatic event caused by someone’s negligence, a Minneapolis accident attorney may be able to help you sue for pain and suffering.

Pain and suffering is the legal term that refers to the physical and emotional effects of an injury. These damages are acknowledged by the legal system as real losses, though they are not as straightforward to calculate as lost wages or medical bills since there is no clear financial loss connected to them.

What Types of Pain and Suffering Are There?

Pain and suffering falls into two general types: physical and mental. Physical pain would mean the discomfort and physical limitations resulting from the injury. This could range from the pain of a broken bone or muscle strain that heals over time, to ongoing severe chronic pain resulting from an injury.

Mental suffering encompasses the emotional and psychological impact of the injury on your life. Conditions like anxiety, depression, and post-traumatic stress disorder (PTSD) fall into this category. Mental suffering is more difficult to prove than physical pain, but is also a valid part of a claim.

So Can I Sue?

The simple answer is yes, you can sue for pain and suffering, if it has been caused by someone else’s negligence or intentional act. Keep in mind that Minnesota is a modified comparative negligence state. If you are found partially at fault for the accident, your damages will be reduced based on your percentage of fault. If you are more than 50 percent responsible, you cannot claim any damages.

The key here is proving that someone’s negligence caused your pain and suffering. Proving negligence means establishing that the other person had a clear duty of care toward you, and that they failed in that duty. You must also show that their failure directly caused your pain and suffering, and that you have suffered loss as a result, whether tangible or intangible.

How Can I Prove Pain and Suffering?

You will need evidence that demonstrates your pain and suffering. This could mean medical records showing the extent of your injuries and your treatment. It could also include testimony from medical professionals or documentation of how the injury has affected your life, such as no longer being able to carry out daily tasks or take part in activities you used to enjoy. Claims of emotional distress may be backed up through mental health evaluations or records of therapy sessions.

Why Do I Need Help from a Minneapolis Accident Attorney?

An accident lawyer has the knowledge and experience you will need if you wish to file a lawsuit based on pain and suffering. Pain and suffering claims are difficult to prove, legally speaking. You will need help from someone who knows the law well and has experience in these types of cases.

If you are dealing with pain and suffering due to someone’s negligence, reach out to the Rutzick Law Offices in St. Paul, MN, today for advice and help.

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