What Is Pain and Suffering in a Personal Injury Case?~2 min read
If you were injured in any type of accident that was not your fault, you may be entitled to collect for your pain and suffering in addition to being reimbursed for your medical expenses, lost wages, and other damages. Pain and suffering damages are fact questions to be addressed by the judge or jury and may be awarded but do not have to be. At Springer & Lyle, we are experienced in developing and presenting these types of damages based on the unique circumstances of each case.
What is “Pain and Suffering”
There are two types of damages in every personal injury case: economic and non-economic. Economic damages are those that are easier to calculate, including your medical expenses, lost wages, and other out-of-pocket costs. Noneconomic damages are those which are not as easy to put a price on and include the physical pain and mental anguish you suffer as a result of your physical injury. They may also include claims for scarring and disfigurement along with permanent physical impairment.
A few factors that are considered in evaluating these types of damages include:
- The severity of the physical injury. The more severe the injury, like a head injury, broken bones, burns or amputation, for example, the more likely it is that the pain and suffering will be more severe and result in a greater damage award than someone who has just a few bruises.
- The age of the injured person may make a difference as well. A young child who is permanently disabled will likely collect more since they will experience pain and suffering over a longer period of time.
- The degree of the emotional harm. This includes more than just the actual physical pain endured due to the injury itself. It may be expressed by depression, fear, grief, insomnia, need for prescription medications or, the loss of enjoyment of life. It may be so great that the injured person needs the help of a mental health professional to cope with the injury.
Medical records generally document some of the person’s pain and suffering. X-rays, photographs, 911 calls, videotapes and medical illustrations can be useful as well. Testimony of friends and family members may also be used to explain how an injury has had impacted the person’s life.
The personal injury attorneys at Springer & Lyle can help you obtain the compensation you may be entitled to for your injuries, lost wages, medical expenses, pain and suffering, and other damages. Contact us at 940-387-0404 for a free consultation.
Source
https://www.alllaw.com/articles/nolo/personal-injury/two-ways-calculate-pain-suffering-settlement.html https://www.findlaw.com/legalblogs/personal-injury/when-can-you-sue-for-pain-and-suffering/
https://www.nolo.com/legal-encyclopedia/what-pain-suffering-personal-injury-case.html
