Help Me I Slipped & Fell: Pain/Suffering Explained

Written on November 30, 2017. Posted in Blog, Slip, Trip & Fall.

What Does Pain And Suffering Damages Mean

You’ve recently experienced a personal injury that has left you grappling with pain and suffering. It’s a tough situation, made even more challenging by the fact that you’re not sure which legal path to follow to address the pain and suffering you’ve endured. As a result, you may find yourself feeling lost and confused, unsure about your next steps.

The good news is that there is a solution to help you navigate this complex situation. By understanding the correct legal steps to take in response to your personal injury, you can find a way to address your pain and suffering effectively. In the following discussion, we’ll help you to know what is pain and suffering and bring guidance as to how to get the appropriate legal actions and obtain the rightful compensation you deserve for the hardships you’ve endured.

What Does Pain And Suffering Damages Mean

Pain and suffering damages refer to compensation awarded in legal cases to address the physical and emotional distress experienced due to an injury or wrongdoing. They are intended to provide financial relief to the injured party, acknowledging the intangible suffering they’ve endured.

What Is Pain And Suffering

The legal definition of “pain and suffering” refers to the physical and emotional distress an individual experiences due to an injury or wrongdoing. It plays a crucial role in personal injury cases, where compensation is determined based on the severity and impact of these hardships. This legal concept recognizes that injuries can not only result in physical pain but also lead to emotional trauma and a diminished quality of life.

Examples Of Pain And Suffering

Pain and suffering can come in different forms, but here are the major grounds:

Physical Pain: Physical pain resulting from a personal injury can be a significant ground for pain and suffering. It encompasses the actual discomfort and agony experienced due to injuries like broken bones, burns, or severe wounds. This pain is not only distressing but can also lead to prolonged recovery, medical treatments, and physical limitations. The severity and duration of physical pain are key factors considered in assessing the extent of suffering and determining compensation.

Emotional Pain: Emotional pain is another critical aspect of pain and suffering. It involves the psychological distress individuals endure following personal injuries. This can include anxiety, depression, grief, or even post-traumatic stress disorder (PTSD) after traumatic events. Emotional pain can be just as debilitating as physical pain, impacting a person’s mental well-being, relationships, and daily life.

Loss of Enjoyment of Life: When an injury limits one’s ability to participate in activities they used to enjoy, it becomes a ground for pain and suffering. This loss of enjoyment of life can lead to frustration, sadness, and a sense of isolation. Whether it’s the inability to pursue hobbies, engage in sports, or spend quality time with loved ones, this loss profoundly affects a person’s overall happiness and well-being.

Decreased Quality of Life: A decreased quality of life is closely tied to pain and suffering following a personal injury. It encompasses a broader range of physical, emotional, and social limitations that result from the injury. This can include reduced mobility, chronic pain, mental health struggles, and disruptions to daily routines. Courts consider how these factors collectively diminish a person’s overall quality of life when determining compensation.

In legal cases, recognizing these examples as grounds for pain and suffering is crucial. They help assess the full impact of injuries on an individual’s life and play a vital role in determining fair and just pain and suffering damages compensation for the hardships endured.

When are Pain and Suffering Damages Awarded?

Pain and suffering damages are monetary compensation that can be awarded to victims in personal injury lawsuits. For these damages to be awarded, certain criteria must be met.

First, there must be a finding of liability against the defendant. Typically, this means the defendant was negligent or somehow at fault for causing the injury to the plaintiff (the victim). If the defendant is not found liable, then damages cannot be awarded.

Second, the lawsuit must involve a personal injury. Pain and suffering damages are not awarded for property damage or financial losses alone. There must be some physical injury or emotional distress. Physical injuries could include anything from broken bones to damaged organs. Emotional distress covers trauma, depression, anxiety and more resulting from the incident.

Third, there must be evidence that the victim endured physical pain and emotional suffering as a result of the injury. Plaintiffs typically provide this evidence through their own testimony, medical records and bills, documentation of lost wages or disability, and witness statements. Expert testimony may also be used to validate claims of pain and suffering. The evidence should demonstrate not just that the victim was injured, but that they consciously experienced pain and suffering as a result.

If the plaintiff can prove the defendant’s liability, provide evidence of a personal injury, and validate their pain and suffering, the judge or jury can then award reasonable monetary damages. These damages are intended to provide some level of compensation for the victim’s physical pain, mental anguish, loss of enjoyment of life, discomfort, and other losses that resulted from the injury and associated suffering. The amount aims to make the plaintiff “whole again” in the eyes of the law.

Factors Considered In Calculating Pain And Suffering Damage Compensation

In determining pain and suffering damages, several crucial factors come into play:

The Severity of the Injury: The more severe the injury, the higher the potential for pain and suffering damages. Severe injuries often result in more intense physical pain and emotional distress.

The Duration of the Pain and Suffering: The length of time one experiences pain and suffering is a key consideration. Prolonged suffering, whether physical or emotional, is more likely to lead to higher compensation.

The Permanency of the Injury: If the injury has lasting or permanent effects, it can significantly impact the amount of pain and suffering damages awarded. A permanent injury often means ongoing pain and suffering.

The Impact on the Person’s Life: Courts assess how the injury has affected various aspects of the individual’s life, including their ability to work, enjoy hobbies, and maintain relationships. A significant impact can lead to increased compensation.

The Person’s Age and Health: Age and pre-existing health conditions can influence pain and suffering awards. Younger individuals may endure longer-lasting consequences, while pre-existing health conditions can exacerbate suffering.

These factors collectively help in evaluating the extent of pain and suffering a person has endured due to an injury or wrongdoing. While quantifying pain and suffering is challenging, these considerations ensure that compensation aligns with the unique circumstances and hardships faced by the injured party in a legal context.

How To Claim Pain And Suffering Damages

In order to claim your pain and suffering damages compensation, start by finding a reputable personal injury attorney in your area. They possess the knowledge and experience to guide you through the legal complexities.

Next, work with your attorney to file a personal injury lawsuit against the responsible party. Your attorney will evaluate your case’s merits, gather evidence, interview witnesses, and build a strong legal argument to support your claim.

Once your lawsuit is filed, your attorney will negotiate with the opposing party or represent you in court. They’ll advocate for your rights, aiming to secure fair compensation for your pain and suffering.

Having a skilled personal injury attorney by your side is crucial throughout this process, ensuring that you have the best chance of obtaining the compensation you deserve for the physical and emotional hardships you’ve endured.

Tips For Increasing Your Chances Of Recovering Pain And Suffering

Increasing your chances of winning a personal injury lawsuit and securing the pain and suffering damages you deserve requires careful preparation and presentation. Here are some valuable tips to help you succeed:

Keep Detailed Medical Records: Maintain meticulous records of all medical treatments, including doctor’s visits, surgeries, medications, and rehabilitation. These records provide crucial evidence of the extent and cost of your injuries.

Seek a Doctor’s Opinion: Obtain a medical expert’s opinion regarding the severity of your injury and the prognosis for your recovery. Their professional evaluation carries weight in court and can strengthen your case.

Specifically Describe Pain and Suffering: During depositions and trial testimony, be precise when describing your pain and suffering. Explain how the injury has affected your daily life, hobbies, and overall well-being. Use specific examples to paint a clear picture.

Detail the Impact on Your Life: When presenting your case, thoroughly explain the outcome and the long-term consequences of your injuries. Describe the physical limitations, emotional distress, and diminished quality of life you’ve experienced due to the injury.

By following these tips and working closely with an experienced attorney, you can present a compelling case that highlights the true extent of your pain and suffering. This approach increases your chances of winning your personal injury lawsuit and obtaining the appropriate compensation for the hardships you’ve endured.

Wrapping Up

In the midst of grappling with pain and suffering after a personal injury, uncertainty about the legal path forward can be overwhelming. It’s perfectly natural to feel lost and confused about the next steps. But remember, there is hope and a way forward.

Understanding the right steps when determining your pain and suffering compensation is key. Educating yourself with the proper calculation and knowing the important factors will give you the right compensation for the damages incurred.

With the right preparation of evidence along with professional legal guidance by an experience personal injury attorney, you can recover the pain and suffering damages you rightfully deserve. While the road may be challenging, there is a path to resolution, and your perseverance will lead you toward a brighter future.