What are “Pain and Suffering Damages” and How Are They Calculated?
A key component to most personal injury cases are pain and suffering damages. These damages are covered by monetary value rather than prison time, since personal injuries are considered civil and not criminal cases. If you’re filing a personal injury case and are unsure if your pain and suffering will be compensated, here’s a little information you’ll want to know before speaking to a lawyer.
What is Pain and Suffering?
There are two types of pain and suffering damages: Physical pain and suffering and mental pain and suffering. The injured party’s pain caused by their physical injuries is considered physical pain and suffering. This type of pain and suffering includes the pain the injured party is experiencing up to date, but also pain of detriment they may experience in the future. Examples include aches, limited physical functions and the potential to shorten the injured party’s lifespan. Mental pain and suffering, on the other hand, is a by-product of the pain caused by the physical injuries. Examples of mental pain and suffering include depression, shock, loss of enjoyment of life and emotional distress. Like physical pain and suffering, mental pain and suffering includes any mental anguish the person may feel in the future.
How is Pain and Suffering Calculated?
Judges and juries do not have a chart that breaks down the costs of pain and suffering damages. Instead, it is up to their good sense, experience, and background to determine what is considered a fair and reasonable amount to pay for damages. A few factors can affect the value of pain and suffering compensation:
- Whether the injured party has a criminal record
- Whether the injured party’s doctor supports the pain and suffering claim
- Whether the injured party’s story is consistent and considered truthful
There are many other factors that could affect your case. Before making a guess at how much you might be compensated, contact the personal injury attorneys at the Brandi Law Firm. Our experienced lawyers will look over your case and work to get you the compensation you deserve to pay for your pain and suffering. Schedule a consultation with us today.