Pain and suffering refer to physical discomfort and emotional distress that are compensable as non-economic damages. It refers to the pain, discomfort, distress, discomfort, and emotional trauma that accompany an injury. Pain can include worry or nervousness about the ability to get better, physical therapy, or embarrassment because of a scar. In general, it helps if the doctors treating the patient can show that they haven't performed the objective tests.
Objective tests can range from failed MRIs or X-rays to simply a lack of movement, that is, not being able to move your arm above your head. Physical disabilities are one of the most obvious and direct reasons to file a personal injury lawsuit. Mental pain and suffering are the result of the claimant's physical injuries, but are rather a by-product of those bodily injuries. Mental pain and suffering include things such as mental distress, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock.
Mental pain and suffering are basically any type of negative emotion experienced by an accident victim as a result of having to endure the physical pain and trauma of the accident. You may have heard of a multiplier used in personal injury cases, where pain and suffering are calculated as a multiple of the injured person's total medical bills and loss of income (called the claimant's special damages). Pain and suffering encompass both bodily injury and mental distress, and victims often realize that both are present after an injury. The emotional pain experienced by victims after any personal injury is often intense and can cause permanent, lifelong damage.
Every personal injury case is different and, therefore, pain and suffering calculations will depend on the facts and circumstances of each case. If you are in the middle of a personal injury case, you may be wondering if you are eligible to receive compensation for pain and suffering. Most people have heard the term pain and suffering, but they may not necessarily know that it is a key component in many personal injury cases. Let's see how pain and suffering are typically defined and how to best establish these types of damages in a personal injury case.
Personal injuries that occur after accidents due to someone else's negligence can not only be substantially painful, but they can also last for days or much longer. Judges don't give juries many guidelines for determining the value of pain and suffering in a personal injury lawsuit. Personal injury law attempts to compensate the victim for the entirety of their damages, including those that are not as easy to quantify, such as pain and suffering. As you can see from these examples, pain and suffering go far beyond “feeling upset about a personal injury”.
In a personal injury case, your medical history explains the nature and extent of your injuries and, in some lawsuits, your doctor or other medical expert may be called as a witness to explain the typical physical impact of injuries from the point of view of pain, discomfort, and limited movement. There are many other factors that affect the value of the pain and suffering component of a personal injury case. Your lawyer can employ several methods to demonstrate pain and suffering in your personal injury or medical negligence claim. When you work with a personal injury lawyer, they can help you understand and document what may be considered pain and suffering in your case.