Pain and suffering is a term commonly heard in the realm of personal injury law. It encompasses the physical, emotional, and mental distress caused by accidents or injuries. In legal terms, pain and suffering are classified as non-economic damages, which means their value cannot be easily quantified in monetary terms. This brings up the question: How exactly is pain and suffering calculated?
Can You Get ‘Pain and Suffering’ If You Were Not Physically Injured in an Accident?
Before you read further, you should know that it is uncommon to be compensated for ‘pain and suffering’ if your injuries were minor or if you were not injured. Emotional suffering alone is rarely enough to file an insurance claim or lawsuit, and generally the payout for emotional injuries is not enough to justify the cost.
Understanding Pain and Suffering
If you were injured in an accident, then you can claim additional damages beyond your medical bills and lost wages. Pain and suffering can take various forms and manifestations. These damages often fall into the realm of intangibility and subjectivity, making them challenging to prove and calculate. Unlike economic damages such as medical bills and lost wages, there is no straightforward formula for determining the value of pain and suffering.
There are numerous conditions and experiences that can be categorized as pain and suffering in legal terms. Some of these include:
- Chronic pain: Ongoing or long-term physical discomfort as a result of an accident or injury.
- Emotional distress: This covers a wide range of mental health issues, such as depression, anxiety, stress, and PTSD, which are caused by the accident.
- Loss of enjoyment of life: If your injury has led to a decreased quality of life or prevents you from enjoying activities you once loved, this falls under pain and suffering.
- Physical disability: Permanent physical impairments caused by the accident, such as loss of limb, paralysis, or disfigurement.
- Mental disability: The accident or injury might lead to cognitive impairments, affecting your mental capacity.
- Loss of companionship: The injury might affect your personal relationships, leading to loss of companionship or consortium.
Remember, the law defines pain and suffering broadly, and this list is not exhaustive. Each case is unique and will be evaluated on its own merits.
Factors that Affect Pain and Suffering
Several factors can influence the level of pain and suffering experienced by an individual after an accident or injury. These factors include:
- Severity of the injury: The more severe the injury, the higher the level of pain and suffering.
- Duration of recovery: A longer recovery time can result in a larger amount of pain and suffering.
- Permanence of the injury: If the injury has lasting effects, such as chronic pain or disability, it can significantly increase the amount of pain and suffering.
- Impact on daily life: Pain and suffering can also be influenced by how the injury affects a person’s ability to carry out daily activities, work, or engage in hobbies and interests.
- Emotional impact: Traumatic events can lead to emotional distress that affects a person’s overall well-being and quality of life.
When determining pain and suffering damages, all of these factors must be carefully considered. This is where the guidance of an experienced personal injury attorney can make all the difference.
How Marcus Vaden Law Can Help
At Marcus Vaden Law, we understand that calculating pain and suffering is a complex and challenging process. Our team of compassionate attorneys has extensive experience in handling personal injury cases, and we possess the knowledge required to accurately calculate pain and suffering damages.
We work closely with our clients to gather all the necessary evidence and information to support their claim for pain and suffering. This can involve obtaining medical records, gathering witness statements, seeking expert opinions, and more. Additionally, we take into account all of the factors mentioned above, along with additional details specific to each case, to ensure our clients receive fair compensation for their pain and suffering.
Our goal is to provide comprehensive legal representation and fight for the rights of our clients. If you or a loved one has suffered an injury, we are here to help. Contact Marcus Vaden Law today to schedule a FREE consultation and learn more about how we can assist you in your personal injury case.