When you sustain an injury while on duty as a railroad employee, it can be difficult to handle. Not only do you have to navigate the physical pain you suffer, but the injuries you’re healing from can result in mental anguish. Unfortunately, many are unaware that they can seek compensation under the Federal Employers’ Liability Act for emotional damages when they also have a physical injury. As such, understanding how to document the pain and suffering you’ve experienced as a result of the accident in which you were injured is critical. The following blog explores these matters in further detail, including the importance of working with a FELA lawyer to help you explore your legal options.
What Constitutes Pain and Suffering?
Pain and suffering is a legal term used to describe both the emotional pain and anguish and the physical pain experienced by the victim of an injury. When you sustain an injury, it isn’t just physical pain that you will endure – feeling pain can result in discomfort, frustration, stress, trauma, and anguish, all of which can drastically impact your mental state.
It’s important to understand that, unlike other kinds of damages like physical injuries, recovering compensation for emotional anguish can be incredibly difficult. This is because, unlike the hospital bill for a surgery you’ve endured because of an injury, there is no monetary value directly associated with an emotional injury. These injuries are subjective. As such, you’ll need to take the necessary steps to document your suffering to help in the fight for the compensation you deserve.
What Is the Best Way to Document My Pain and Suffering?
If you have sustained an injury due to the negligent actions of your employer, it’s important to understand what steps you can take to highlight the extent of your suffering. Generally, one of the best methods is to tell your medical providers at each visit about the pain and suffering that you have experienced since the last visit. Telling your medical providers should ensure that the medical records demonstrate the profound impact of the accident as detailed by medical professionals.
Some injury victims also keep a journal. This can help you document your daily pain levels and symptoms, showcase the limitations you face as a result of your injuries and provide insight into your mental state as a result of the accident.
You can also rely on testimony from friends and family, as they can provide insight into the impact the injury had on you. For example, they can explain how, prior to the accident, you were happier and engaged in many different activities that you are no longer able to participate in as a result of the accident. This insight can help provide a deeper understanding of the emotional damage you’ve endured.
As you can see, proving that you are suffering emotionally can be incredibly difficult due to the subjective nature of these matters. However, it is possible to recover the compensation you deserve. That’s why working with an experienced FELA attorney with Doran & Murphy is in your best interest. Our dedicated firm understands how challenging these matters can be, which is why we will do everything in our power to help you fight to recover the compensation you are entitled to. Contact us today to discuss the circumstances of your case.
