Tuesday, April 1, 2014

Pain and Suffering in Personal Injury Cases

“Pain and suffering” is an important component of most personal injury cases, and refers to the physical and mental anguish sustained by the victim as a result of the accident. 

The extent of the victim’s suffering can affect the amount of compensation they receive in a personal injury case.

There are two types of pain and suffering: physical and mental.
  • 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 impact pain and suffering will have upon the amount of compensation a victim can receive is based upon a number of different factors. To determine the value of your pain and suffering, the insurance company or jury will consider such factors as:
  • 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.
An experienced attorney can evaluate your case and determine the value of your pain and suffering if you were the victim of a negligent accident. We encourage you to contact our personal injury team at De Castroverde Law Group if you would like to discuss your case and legal options.