Understanding Pain And Suffering Damages After An Accident
Posted on: 24 March 2023
Share
Pain and suffering refer to the physical and emotional distress a person experiences as a result of an accident or injury. It can include a wide range of symptoms, including physical pain, discomfort, anxiety, depression, fear, and loss of enjoyment of life. Read on for more information.
Pain and Suffering Is a Non-Economic Loss
While economic damages such as medical bills, lost wages, and property damage can be quantified with specific dollar amounts, pain and suffering damages are more subjective and depend on the individual circumstances of each case. For example, your medical bills are connected to a certain dollar amount. As the medical providers bill you for your expenses, the insurer picks up and pays that amount — no more or less. However, pain and suffering is a non-economic form of damage. It's therefore very important for victims to understand what is meant by pain and suffering because of an accident.
What Is Pain and Suffering?
The word pain is not just about what you feel because of the broken leg from the accident, however. Physical injuries can also affect victims in other ways. For example, they may miss spending time with a loved one because of a broken leg or other injuries. They may also be confined to their home or a hospital bed and be denied taking part in activities that bring them enjoyment. However, that is only the beginning of the ways pain and suffering can affect you. You may also experience emotional issues because of the accident.
Pain and suffering is a form of damage that is not always seen. You may experience anxiety, for instance, at the thought of driving a vehicle gain after a bad accident. Some accident victims experience trauma that stays with them for a long time. They may be unable to drive past the accident location without reliving the experience. To be paid for pain and suffering, victims must prove they experienced it.
Proving Pain and Suffering
To prove pain and suffering damages, the injured person must demonstrate the extent of their physical and emotional injuries, including any ongoing pain or discomfort, the duration of their recovery, and any psychological trauma they may have suffered. The amount of pain and suffering damages awarded in a case will depend on various factors, such as the severity of the injuries, the impact on the injured person's daily life, and the degree of fault of the responsible party. In some cases, the amount of pain and suffering damages may be determined by a jury or through settlement negotiations between the parties.
Speak to a personal injury lawyer to get more information.