What Do Pain and Suffering Damages Include?

Personal injury victims may be eligible for compensation for pain and suffering. It is crucial for plaintiffs that they understand what constitutes “pain and suffering” in any court with jurisdiction.

Different types of pain and suffering

A person may suffer pain and suffering in many different ways. In these cases, he or she might be eligible for compensation through a personal accident claim. It depends on the facts of the case and the relevant case law to determine the exact amount of pain and suffering that can be compensated. These are some examples of general pain and suffering:

Physical Pain and Suffering

Physical pain is the easiest type of suffering and pain to identify. A person may feel physical pain after being injured in a motor vehicle accident. This includes pain and suffering that is directly related to the accident. This includes any future harm that the victim may suffer as a result of the defendant’s negligence.

Mental Anguish

Mental pain and suffering is another type of pain and suffering. This includes emotional distress, mental anguish and loss of enjoyment, as well as anxiety, shock, humiliation, and psychological anguish. These damages may vary from one case to another depending on the particular circumstances.

A dog bite victim can suffer severe fear for their animal companions for many years. The victim may need to continue counseling. Compensation may be available for both the financial aspect of the claim and psychological counseling. The value of the claim’s pain and suffering component may be increased if the injury caused physical disfigurement.

This type of claim may include any negative emotion that was caused by the negligence of the plaintiff and is attributable to the injury or physical pain. Some victims may feel depressed, mood swings or lack of energy, while others might experience anger or sleeping difficulties. Sometimes, victims may experience serious mental disturbances, such as post-traumatic stress disorder.

To determine the extent of damage, it is important to evaluate each individual case. Both the immediate and likely future damages can be considered, just as with pain and suffering. Sometimes, the emotional consequences of an accident can outweigh their physical effects. Sometimes, the victim cannot return to work because of the emotional effects of an accident. These situations may lead to the victim losing their wages and earning potential.

Loss of enjoyment of life

Sometimes, accidents can cause significant impairments in the victim’s life. Sometimes, the victim is left with a serious medical condition that has a profound impact on all aspects of their lives. Sexual dysfunction may result from the injury. The injury may cause someone to lose a favorite hobby.

Calculating Suffering and Pain

It can be difficult to calculate pain and suffering damages because they are not based on quantifiable factors such as property damage or lost wages. These damages are subjective and adjusters and juries can be inconsistent when determining the value of pain and suffering.

These damages are not usually quantified in jury instructions. The amount of damages is not determined by the jury. If they decide in favor of the plaintiff, they are often told to use their beliefs, experience, and background to make a fair and reasonable award.

Insurance companies might use a multiplier, which is usually 1.5 to 4 times the value of any other damages, in some cases to estimate pain and suffering. The type of claim, internal policy and company policy will all affect whether an insurance company employs such an approach. The likability or credibility of the victim can also impact the estimation of damages.

Legal assistance

The pain and suffering damages are often very complex and can be difficult to quantify. An attorney who specializes in personal injury can help accident victims estimate the damage to their injuries and any other damages they have sustained as a result of the negligence of another.

Updated 01/18/22