Common Pain and Suffering Examples in Settlement Cases
Understanding Valid Pain and Suffering Examples
Many people are familiar with the term “pain and suffering” but are not aware that the phrase is a critical aspect of many personal injury cases. These individuals, however, are often uncertain how a court of law defines pain and suffering as well as how the amount is calculated in personal injury lawsuits. Below we will outline common pain and suffering examples in settlement cases.
What Constitutes Pain and Suffering?
Pain and suffering include physical pain and suffering as well as mental pain and suffering. Physical pain and suffering include the pain associated with a person’s actual physical injuries. The category of mental pain and suffering is associated with a person’s injury but includes things like emotional distress, loss of enjoyment, and other negative emotions associated with an injury. The most severe types of mental pain and suffering include anger, depression, and in some cases even post-traumatic stress disorder or PTSD. These damages will take into account the negative effects of the injury that a person is likely to experience both now and in the future.
For example, let us say a person is involved in a motor vehicle accident and incurs numerous broken bones and internal organ damage. The accident victim is no longer able to participate in his usual daily activities, even such mundane tasks as brushing his teeth or tying his shoes. He experiences anger, frustration, and depression as a result. This victim might be entitled to compensation for mental pain and suffering associated with the accident.
If the victim’s depression and anxiety lingered for many years following the accident, he may be able to claim any damages connected to the resulting mental pain and suffering, including lost income if he was unable to continue working as a result.
Now, let us say that the victim’s injuries were slightly less serious. If he experienced chronic back pain as a result of the accident, he might be able to continue working, but due to constant pain, he might need extensive physical therapy. While the accident victim might not have any type of serious mental health disturbance as a result of the accident, he might still qualify for physical pain and suffering damages.
How Pain and Suffering Examples are Calculated
Juries are rarely provided with much information about how to proceed in determining the value of pain and suffering associated with an accident. Sometimes, courts use predetermined “multipliers” to determine the amount of compensation that an accident victim deserves for pain and suffering.
Speak with an Experienced Personal Injury Lawyer
If you or a loved one has been impacted by a personal injury accident, you should not hesitate to speak with an experienced accident attorney. Contact Ferrara Law today to schedule an initial free consultation.