If you are planning on filing a personal injury claim after sustaining injuries from an auto accident, you’re probably trying to figure out how much damages you can receive for your claim. The cost of lost wages and medical treatment are typically part of claims settlements and verdicts. But the most substantial element of damages is usually damage awards for pain and suffering.
But what exactly does “pain and suffering” mean?
Understanding ‘Pain and Suffering’ in Personal Injury Claims
Generally speaking, “pain and suffering” can refer to mental, physical, or both. Basically, physical suffering and pain include actual pain, soreness, aching, numbness, stiffness, tingling and tenderness. Added to this list are other adverse physical effects caused by the injuries you sustained from the auto accident.
This can likewise involve negative physical limitations and consequences resulting from treatment for injuries you sustained. For instance, let’s say that you lost a limb because of the auto accident, so you’re entitled to receive damages for pain suffering because of your lost limb.
But you might also be entitled to damage awards because of the pain and suffering caused by undergoing surgical amputation and the restrictions brought about by being outfitted with a prosthetic limb.
Then there’s mental suffering and pain related to your injuries. These include anger, depression, anxiety, mental anguish, emotional distress, stress and reduced quality of life. Other adverse effects on your mental and emotional health can be included, too.
Also, this could likewise include negative mental health consequences due to all the treatments you had to go through for your injuries. For both psychological and physical pain and suffering, you can claims compensation for:
- What you’re currently suffering from;
- What you have suffered; and
- The suffering you could reasonably expect to experience in the future.
Since pain and suffering are usually subjective, expert testimonies from mental and medical health experts are generally required by the court. This is when personal injury claims involve pain and suffering damages. These expert witnesses are capable of explaining to juries and insurance providers the exact nature, severity and extent of a claimant’s pain and suffering. They can help figure out the monetary equivalent of these damages.
What’s the Value of Pain and Suffering Damages?
The jury, insurance provider and all relevant parties will be informed on how your mental and physical pain and suffering has negatively affected your overall quality of life. It is now up to your auto accident lawyer here in Salt Lake City to suggest the most appropriate damage awards for your claim, whether in a trial or settlement.
Take note that there are no set rules on how to calculate pain and suffering damages, so it is up to your lawyer how much your pain and suffering is worth.
As you’ve gleaned from the above information, figuring out the monetary worth of pain and suffering requires skill and experience. With this in mind, you should make sure that your lawyer has the necessary experience and skill.
This is to persuasively translate your pain and suffering into actual dollar amounts that will help make your life just a little bit better.
