Your physical injuries may be visible or internal. In fact, some injuries can take years to fully recover—and in the meantime, the pain and suffering you experience can be just as real as your visible injuries.
Pain and suffering damages are a way for people with serious injuries to receive compensation for their ongoing physical and emotional discomfort. In this article, we'll go over how pain and suffering damages work so you know what your injury case is worth if you've been injured in an accident or another type of incident.
I, myself, was in a car accident in which I was injured with a strain/sprain. My injuries were so bad that I could barely move for some time, and I had to spend several months in physical therapy before I could even begin to heal. The pain and suffering caused by my injuries was just as real injury inside of my body—and it made it hard for me to get through each day without feeling the pain.
Just because I didn't need surgery didn't mean that I suffered little or no damages. In fact, it took me over a year before my shoulder felt better and even then, the pain came back now and then over the next several years.
What are pain and suffering damages?
Pain and suffering damages are also known as general damages. They are awarded to compensate a plaintiff for the pain, suffering, and emotional distress that they have experienced as a result of an injury.
Damage awards for pain and suffering vary greatly depending on the type of accident involved. For example, if you're in a car accident but suffer only minor cuts and bruises, your pain and suffering award will likely be less than someone who had to undergo surgery after being seriously injured in a more serious kind of auto or other kind of accident.
Pain and suffering damages don't include lost wages or medical bills.
How do you know if you have pain and suffering?
Pain and suffering are real. When you're injured, it's not just your body that gets hurt—it's your mind and heart too.
Pain and suffering damages are not a medical term. Instead, they're a legal term describing the non-economic losses (or "pain and suffering") that can result from an injury like a car or truck crash. They include:
- Physical pain
- Mental anguish, emotional distress, or mental suffering
- Disfigurement or scarring
- Loss of consortium (loss of sexual relations)
How much are pain and suffering damages?
Pain and suffering damages are based on the nature of your injury and what you have endured. If you were struck by a car or suffered burns, it's likely that you will be awarded pain and suffering damages.
While pain is an objective fact, each person's experience with pain varies widely. Pain can include physical injuries as well as mental anguish such as depression and anxiety caused by experiencing an accident. The amount of your award will depend on how severe these symptoms are and how long they last.
What is the value of an injury claim?
Pain and suffering damages may be based on the type of injury you suffered, as well as the circumstances surrounding your case. If the case goes to trial, the value of a personal injury claim is determined by a jury, who hears evidence from both sides and then decides whether to award compensation that includes pain and suffering damages.
Most cases settle long before trial. Providing full and complete details and descriptions of your injuries and pain and suffering to the insurance company can help get the full value for pain and suffering. A good personal injury lawyer will help you document the details of your case, including how you were injured, any medical treatment you received and the extent of your pain. We also work with experts to determine the value of your claim by looking at similar cases. Our goal is to get you the full value of your case, including the pain and suffering damages. We work with expert witnesses and medical experts to determine the extent of your injuries, any medical treatment that was needed and how long it will take for you to recover. Part of our job is also to make sure that the insurance company has all the information they need in order to settle your claim quickly.
Call Attorney Scott D. Hughes Today
It’s important to remember that pain and suffering damages are real. Whether you are injured in an accident or you have a loved one who has suffered a wrongful death, your injuries will affect your life in many ways. Pain and suffering damages help compensate you for these losses, making sure that you can recover from the financial impact of your injury as well as its physical effects.