In a personal injury case, pain and suffering is assessed to determine the amount of damages. Damages are awarded to compensate for both economic and non-economic losses as a result of the defendant's negligence. However, before compensation is given, a plaintiff must meet the criteria of pain and suffering.
Generally, pain and suffering is defined as the physical and emotional pain that accompanies other physical injuries such as broken bones, cuts, lacerations, internal injuries or medical procedures to treat those injuries. Also, pain and suffering may include the embarrassment caused by disfigurement or psychological pain such as depression or post-traumatic stress disorder.
Factors of Pain and Suffering
Several factors that are looked at by the courts to determine pain and suffering include:
Whether the plaintiff immediately sought medical treatment for his injuries;
The severity of the plaintiff’s injuries;
Whether the injury resulted in permanent disfigurement, paralysis, or the loss of a limb;
The likelihood the plaintiff will fully recover from the injuries;
The degree of pain associated with the plaintiff’s injuries;
The degree of pain associated with the medical treatments and procedures received by the plaintiff;
Whether the plaintiff has a high tolerance for pain;
The impact of the injuries on the plaintiff’s daily life and activities;
Whether the injuries prevent the plaintiff from ever working;
Whether the injuries prevent the plaintiff from returning to previous his job or profession;
Whether the injuries require long-term medical treatment;
Whether the injuries require the plaintiff to take pain medications;
Whether the plaintiff followed the prescribed course of medical treatment; and
Whether the plaintiff’s actions are consistent with those of a person who is in pain.
Because the factors that impact a pain and suffering award are basically subjective and intangible, compensation will vary from case to case.
Talk with an attorney to discuss what constitutes emotional pain and suffering.
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