Compensation for Pain and Suffering
If a person is injured as a result of another person’s negligence, that person may be entitled to certain compensation for their damages. Exemplary damages typically include hospital bills, medical expenses, lost wages, and of course, pain and suffering. More extreme cases can include many more types of damages, like prolonged rehabilitation, loss of companionship, mental anguish, PTSD, paralysis, wrongful death, and more.
When a victim sues for damages sustained from a personal injury, they generally seek compensation from the negligent party’s insurance company. The victim’s accident attorney will usually handle all communication directly with the opposing insurance company representatives to agree on a full and fair settlement. If a settlement cannot be reached, then the case will go to trial. In such a case, the victim’s side will need to prove that the opposing party is liable and guilty for their damages; and then provide proof and evidence of those damages. When it comes times to discuss pain and suffering, there are a few considerations that help courtrooms and insurance companies come to an accurate number.
Determining “Pain and Suffering”
Pain and suffering is a legal term used to describe all the accumulative mental and emotional traumas and inconveniences that a victim’s accident caused them. It will be considered whether or not the accident and damages caused the victim to experience worry, fear, depression, or lose happiness and enjoyment from life; but it is still a complicated process in determining and agreeing upon proper compensation for this. In most cases, the total number of monetary damages (medical expenses, hospital bills, lost wages, etc.) are calculated and multiplied by a number between one and five. The number used to multiply the amount depends on the severity of the damages.