Defining “Pain and Suffering” in Personal Injury Claims
When it comes to a personal injury case—whether it involves an auto accident, medical negligence or public liability—a plaintiff (the injured party) is entitled to compensation for all damages directly associated with the personal injury claim. This can include past, present and future injuries, such as physical injuries, psychological and/or emotional injury, permanent disability, lost wages, permanent impairment of earning capacity, medical costs, out-of-pocket expenses, and more. One such other damage is pain and suffering.
Pain and suffering is a “general” damage recoverable by an injured party in a personal damage claim. The definition of pain and suffering is physical and mental distress suffered because of an injury caused by another. It includes the following four main characteristics:
- Physical Pain
The aches and pains of physical injuries, like broken bones, cuts and bruises, and disfigurement.
- Temporary and Permanent Limitations on Activities
These are the dos and don’ts during the healing process, which are temporary, and the residual permanent limitations after the healing. The inability to continue doing one’s job temporarily or permanently may also apply here.
- Potential Shortening of Life
If life-threatening injuries are incurred, the injured party’s life span may be shortened.
- Emotional or Mental Distress
Emotional and mental distress is compensable. This could be mental distress stemming from a physical disfigurement, depression resulting from the inability to be whole again and worry over the inability to work and pay the bills for the family’s daily life.
Since the only way to compensate injured parties through the judicial process is to translate the compensation into dollars, determining a fair amount for pain and suffering can be a bit difficult. Generally, the injured party will work with a professional legal team to estimate how much compensation is needed to cover the aspects of pain and suffering. Also, federal or state law may have caps in place to limit pain and suffering awards.
Many factors come together to determine a monetary award for pain and suffering. No scientific formulas apply. Each case must be evaluated independently because no two individuals react to pain and mental distress in the same way. A higher award may be given to a party who has better documented the healing process and any residual limitations. The jurisdiction in which the accident occurred may even affect the award based on the cost of living or the demographic of society.
Other factors taken into account by insurance companies and jurors contribute to an award of pain and suffering. For instance, there is the credibility of both professional and lay witnesses. Heavier weight might be given a pain management physician, but a family member testifying about activities that the family cannot participate in as a unit also bears weight. Pre-existing conditions that have been exacerbated must be taken into account. The changes in marital relations are considered. All these factors and more go into the evaluation of pain and suffering.
The fundamental general damages are varied and many. It is generally a good idea to consult an experienced Seattle personal injury attorney who can more accurately assess which elements of pain and suffering should be attributed to a claim for fair and adequate compensation. At the Bernard Law Group, Kirk Bernard and his team of legal professionals have the knowledge and skills to assist you with your personal injury case. Contact the Bernard Law Group today to learn more about how you may be able to receive compensation for the pain and suffering you’ve endured because of another person’s negligence actions.
