- Physical Pain and Suffering refers to the pain caused by the victim’s physical injuries, and can also include the detrimental side effects that they are likely to suffer in the future as a result of their injuries.
- Mental Pain and Suffering refers to the by-products of the physical injuries, such as emotional distress, a loss of enjoyment of life, mental anguish, humiliation, anxiety, and anger.
Determining the Value of Pain and Suffering
- The type of injury sustained: Catastrophic injuries, such as damage to the brain or spinal cord, will require long-term care and are likely to result in larger damages. Likewise, a victim often receives more compensation if their injury will cause them to suffer continual physical pain.
- The victim’s age at the time of the accident: In many cases younger victims can get larger damages for pain and suffering, because they will have to deal with the pain a longer period of time.
- The injury’s affect upon the victim: This considers the victim’s pain and suffering from the injury in the past and presently, as well as the certainty of pain in the future.