How to Gain Pain & Suffering Reimbursement for Emotional Distress 

If you’ve been injured in an accident or through someone else’s negligence, you may be entitled to monetary damages. This compensation can be for more than just medical expenses and lost wages. In Oregon, emotional distress and pain and suffering are recognized as valid damages. These non-economic damages can be compensated in personal injury claims. However, proving these intangible losses can be complex. 

An experienced personal injury lawyer can help you seek compensation for both physical and emotional harm after an accident. Here’s a breakdown of how you can pursue reimbursement for pain and suffering due to emotional distress in Oregon. 

What Is Pain and Suffering in Personal Injury Claims? 

In personal injury cases, “pain and suffering” refers to the physical and emotional distress caused by an injury. This type of compensation is not just about the physical pain from the injury. It can include the emotional toll it takes on the victim’s life. 

Pain and suffering can encompass a wide range of experiences, such as: 

• Physical pain. The discomfort, limitations or long-term pain experienced due to injury. 
• Emotional distress. Feelings such as anxiety, depression, insomnia, or post-traumatic stress disorder (PTSD) that result from the injury. 
• Loss of enjoyment of life. If the injury prevents you from participating in activities or hobbies, this is considered an additional form of suffering. 

In Oregon, these types of damages are considered part of your compensation. Understanding how to prove and calculate pain and suffering is critical to recovering these damages. 

Emotional Distress in Oregon Personal Injury Claims

Emotional distress refers specifically to the psychological impact of an injury. In Oregon, emotional distress can be a major component of your personal injury claim. It is important when you experience long-lasting psychological effects due to an accident. 

Some common examples of emotional distress that could be compensable include: 

• Anxiety or depression. Feelings of constant worry, sadness, or despair following the accident. 
• Post-Traumatic Stress Disorder (PTSD). Intrusive memories, flashbacks, or constant fear stemming from the traumatic event. 
• Loss of enjoyment of life. If the accident leads to an inability to do things that once brought you joy, such as playing sports, traveling, or socializing. 

Proving emotional distress can be challenging. This is because it is not something visible like physical injuries. However, under Oregon law, emotional distress is a recognized and compensable form of damage. 

How Do You Prove Pain and Suffering or Emotional Distress in Oregon? 

Proving pain and suffering or emotional distress requires more than just saying you feel bad or anxious. Oregon law requires victims to show evidence of their emotional or psychological suffering. 

Here’s how your attorney can help you build a strong case for pain and suffering: 

• Medical Records. Having a physician document the nature of your emotional distress or pain is essential. This can include reports of therapy sessions, prescriptions for medications, or a diagnosis of anxiety or depression linked to your injury. 
• Testimonies from Mental Health Professionals. If you’ve sought counseling or therapy, statements from your provider can be powerful evidence in your case. 
• Your Personal Testimony. Your own testimony about how the injury has affected your life and emotional well-being is also critical. Describing how the accident has impacted your daily activities, relationships, and overall mood can paint a vivid picture of your emotional suffering. 
• Witness Testimony. Family members, friends, or colleagues who witnessed changes in your behavior and ability to function may also testify. They can relay important information about the impact of your injuries. 
• Documenting Changes in Lifestyle. If your injury has caused you to miss work or engage in hobbies, documenting these lifestyle changes can help illustrate your suffering. 

A skilled personal injury attorney can help gather relevant evidence to strengthen your claim. 

A Personal Injury Lawyer Can Help Prove Your Emotional Distress Claim

If you’ve experienced pain and suffering or emotional distress due to an accident, you have the right to seek compensation. A personal injury lawyer can guide you through the legal process. 

Schedule a free consultation to get the help you need to recover compensation for the emotional toll of your injury. 

Contact Our Personal Injury Attorneys in Portland at Tillmann Law Personal Injury Lawyers

If you were injured in an accident in Portland, OR, please contact our Portland personal injury lawyers at Tillmann Law Personal Injury Lawyers to schedule a free consultation today.

We proudly serve all throughout Multnomah County in Oregon. Visit our office at:

Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905
Portland, OR, 97204
(503) 773-3333
Hours: Open 24/7