Washington Heights Personal Injury Lawyer: What Pain/Suffering Means
Washington Heights Lawyer for Personal Injury Cases Shares What Pain And Suffering Means
As a lawyer representing Personal Injury cases, I am often asked the question: “What Does Pain and Suffering Mean?” Well, let me explain. The term “Pain and Suffering” is the legal term for the physical and emotional stress caused from an injury and refers to the compensation an injured party may receive for post-traumatic issues such as:
- Mental anguish and emotional distress
- Loss of enjoyment of life
- The physical pain and suffering they experience as a result of the accident
- Permanent disability
This is a non economic recovery and is arrived at by subjective analysis by a jury or during settlement negotiations. This is different from economic damages which is based upon loss of wages and cost of medical bills which can be calculated from records and documents.
Pain and suffering damages can be awarded for past, present, or for future pain and suffering, depending on the injuries and how severe they are.
One of the difficult parts of settling a personal injury claim is that unlike medical bills, or lost wages, pain and suffering is difficult to determine because each individual person’s pain threshold is different. Two people can have similar injuries, like a broken arm, but have different recoveries and different levels of pain. That is why a monetary value placed upon “Pain and Suffering” is subjective.
So how do we generally place dollar values on “Pain and Suffering, when requesting a settlement from an insurance company?
Many insurance companies take each injury and assess it based on individual merit. Some insurance companies use calculating software programs to determine payout amounts. Other insurance companies base the amount they will pay generally on how much they have paid on past similar injuries and circumstances. If a case can not be settled with an insurance company it will then be up to a jury to determine the value of an individual’s “Pain and Suffering” through testimony and medical records.
The Law Offices of Stuart M. Kerner, P.C. has been handling personal injury matters for more than 15 years. If you’re looking for a personal injury lawyer in the Bronx and Washington Heights, or an accident attorney in Yonkers, give us a call and set up your free consultation.