Pain and Suffering Offshore Accidents
Seamen injured at or near sea can recover losses from their employer. The Jones Act and other laws have provisions for those injured in an offshore accident. This is so seaman can recover financial damages including pain & suffering, lost wages, and lost earning capacity.
Pain & suffering refers to the physical and mental pain experienced due to an injury. While it is hard to quantify the actual pain experienced from an injury, it is included when calculating damages. Mental pain & suffering is basically any kind of negative emotion a victim suffered as a result of enduring the trauma of an accident. Examples of mental pain & suffering can include:
- Anxiety
- Insomnia
- Depression
- Sexual dysfunction
- Loss of appetite
- Mood swings
- Shock
- Humiliation
- Post-traumatic stress disorder (PTSD)
According to the National Center for PTSD, injury and life threat are the factors that lead most to mental health problems. Depression usually follows severe accidents, most especially when an injury causes an inability to work or lead a normal life. Post-traumatic stress disorder (PTSD) is an anxiety disorder that can occur after witnessing or experiencing a traumatic event. A traumatic event is a life-threatening event such as military combat, terrorist incidents, natural disasters, and serious accidents.
Among the symptoms of PTSD is suicidal thoughts. If you or a loved one is thinking about suicide, there are many ways to get help:
- National Suicide Prevention Lifeline – 1-800-273-8255
- National Center for PTSD
- Anxiety and Depression Association of America
Treatment for conditions of mental pain & suffering may take time, but recovery is possible. Don’t hesitate to get help!
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The trauma and pain experienced in an offshore accident can be especially devastating.
Financial Compensation
Physical pain and emotional or psychological suffering are subjective and hard to quantify monetarily. In general, the more serious the injury, the greater the financial compensation. Monetary amounts for pain & suffering are usually based on:
- The type of injury.
- The severity and duration.
- Effect on enjoyment of life.
- Potential effects that may arise in the future.
- The actual evidence provided.
It is essential to provide supportive evidence. Helpful documentation can include:
- Medical bills.
- Medical reports.
- Prescription receipts.
- A log of all medical treatment, missed activities, and pain.
- Over-the-counter medication receipts.
- Photos of the injury.
- Proof of time off of work and lost wages.
The trauma and pain experienced in an offshore accident can be especially devastating. For instance, a crew member may fall overboard, or witness other crew members drowning. Another situation may include losing a limb because of defective machinery. A personal injury attorney can help you to get the medical or psychological attention you may need. The Law Offices of L. Clayton Burgess have over 20 years of experience. If you or a family member have suffered from an offshore accident, call our offices today!
