In personal injury cases, the terms “pain and suffering” are commonly used interchangeably. These terms refer to any physical and emotional distress a person has sustained as a result of an accident or injury. Pain and suffering can have a significant impact on one’s quality of life that can result in sky high medical bills, lost wages, and other expenses as they work toward recovery. If you’re going through a legal case, understanding these concepts may help you understand your rights and recover the damages you are entitled to.
Table of Contents
What is Pain and Suffering in a Personal Injury Case?
Pain and suffering is a legal term covering the damages as a result of an injury resulting in physical pain and emotional distress. They can be referred to as “non-economic” damages awarded to the victim in a personal injury case. Pain and suffering is intangible and can be difficult to quantify, but they remain an important aspect of legal cases.
How Pain and Suffering Damages Are Calculated
There is no particular formula that courts use in determining the value of pain and suffering. The legal system considers various factors when deciding on an amount to award victims such as severity of the injury, duration of pain and suffering, and the impact it has had on the victim’s life. Here are some of the factors considered when calculating pain and suffering in a legal case:
- The severity of the injury: The more serious the injury, the higher the award for pain and suffering is likely to be.
- Duration of pain and suffering: How long an injury has resulted in pain. Courts may use a doctor’s opinion on how long the pain is projected to last to determine the award number.
- Impact on the victim’s life: Injuries that have a significant impact on one’s quality of life typically receive a higher award.
- Medical expenses: Any expenses incurred to treat the injury can be considered when calculating pain and suffering.
Each case handles pain and suffering awards differently. According to the accident lawyers at Koch & Brim, getting legal counsel for your case will maximize your recovery.
Types of Pain and Suffering in a Legal Case
There are two types of pain and suffering that can be awarded in a legal case: physical and emotional.
Physical Pain and Suffering
This refers to actual physical pain and discomfort as a result of the injury. Some common examples include:
- Back pain
- Broken bones
- Brain injuries
- Headaches
- Nerve damage
- Organ damage
- Dislocated joints
Emotional Pain and Suffering
Emotional pain and suffering is rewarded if an accident or injury resulted in lasting mental and psychological distress. Some common examples are:
- Psychological trauma
- Post Traumatic Stress Disorder (PTSD)
- Fear
- Anxiety
- Grief
- Loss of quality of life
- Cognitive changes as a result of a head injury
Pain and suffering are an essential component to any personal injury case. These concepts are difficult to quantify and may be handled differently case by case. Understanding these terms are crucial if you are going through personal injury recovery. With the proper understanding and legal guidance, you can recover damages for the pain and suffering you have endured.
