What is Pain and Suffering?
Pain and suffering damages are a type of non-economic damages that can be awarded in personal injury lawsuits for physical or emotional distress experienced by the plaintiff as a result of an injury.
Common Types of Pain and Suffering
Here are some common examples of pain and suffering:
- Physical Pain: Physical pain, discomfort, and other symptoms of an injury or medical condition caused by the defendant’s actions.
- Mental or Emotional Distress: The negative psychological and emotional impact of an injury. Including anxiety, depression, loss of enjoyment of life, fear, and other forms of mental suffering.
- Disfigurement and Scarring: Compensation may be awarded for permanent disfigurement or scarring resulting from an injury, taking into account the associated emotional distress and potential social implications.
- Lost Quality of Life: This refers to the diminished ability to participate in and enjoy activities, hobbies, and other aspects of life due to the injury or condition.
- Spouse’s Loss of Companionship: The spouse of an injured person may be entitled to damages for the loss of companionship, affection, and other aspects of the marital relationship due to the injury. Most common in wrongful death cases.
How is Compensation for Pain and Suffering Calculated?
The amount of compensation awarded for pain and suffering is decided by the jury or judge based on the specific circumstances of each case. Some of the factors used to calculate pain and suffering are:
- Severity of the injury: More severe, debilitating, or permanent injuries generally result in higher pain and suffering awards.
- Duration of pain and suffering: Injuries that cause prolonged, chronic, or lifelong pain and suffering may warrant higher compensation.
- Age of the plaintiff: Younger plaintiffs may receive higher awards since their pain and suffering could potentially last longer.
- Impact on daily life: The degree to which the injuries have disrupted the plaintiff’s ability to work, enjoy activities, or maintain relationships can factor into the calculation.
Expert testimony and evidence may be presented to demonstrate the extent and severity of the pain and suffering experienced by the plaintiff.
Ultimately, the jury or judge has broad discretion in determining a reasonable amount based on the specific circumstances of the case and their evaluation of the evidence presented.
There are no strict rules or multipliers used, but awards tend to be higher for more severe, long-lasting, and life-altering injuries. For more information about pain and suffering damages, call (813) 273-0017 for a free consultation with a personal injury lawyer.
Our attorneys will help estimate the amount of compensation you could recover for your injuries.
