What is Pain and Suffering?

WHAT IS ‘PAIN AND SUFFERING’ IN THE CONTEXT OF A PERSONAL INJURY CLAIM?

If you’ve been injured due to someone else’s negligence, whether in a car collision, slip and fall, or any other type of accident, you are entitled to pursue a compensation claim. In a personal injury claim, damages can be categorized into two parts—economic and non-economic. Economic damages are those that are easily quantifiable such as lost wages, medical bills, and loss of future income. Non-economic damages include pain and suffering.

 

 

Types of ‘Pain and Suffering’

 

Physical pain and suffering:

It includes pain caused by actual physical injuries. Apart from pain and suffering that the victim has endured to date, it also covers the health problems that the victim is likely to face in future due to the accident.

 

Mental pain and suffering:

This includes mental anguish, fear, humiliation, depression, anxiety, and shock. It may also include post-traumatic stress disorder (PTSD).

 

 

Ways to Calculate Pain and Suffering

There is no fixed method to calculate the exact value of pain and suffering in a personal injury lawsuit. In most instances, judges make use of experience, background, and intensity of injuries in determining compensation.

There are multiple factors that affect the value attached to ‘pain and suffering’. Some of these include:

  • Whether the plaintiff is credible
  • Whether s/he is exaggerating claims of pain and suffering
  • Whether the plaintiff has a criminal record
  • Whether the plaintiff’s claims make sense to the jury
  • Whether the plaintiff’s testimony regarding the injuries is consistent

 

 

Seek Professional Legal Assistance

Before pursuing a claim for your car accident injury, it’s important to consider the seriousness of the damage. Resolving a claim for pain and suffering can be time consuming, expensive, and stressful. Thus, before you file a lawsuit, make sure that the cause is worth it. For instance, if the injuries only include bruised knee and a slightly sprained ankle, it may not be worth the trouble. On the other hand, if the pain and suffering has severely impacted your physical and mental well-being, pursuing a claim could be the right move.

Remember that personal injury claims are complicated and require thorough understanding of all the nuances of the law. That is why seeking professional legal assistance is important in such cases. Most attorneys work on a contingency basis, which means that they seek payment only upon successfully recovering monetary compensation on your behalf. This enables you to pursue a legal claim for pain and suffering without worrying about the lawyer’s fees.

X