by tfarino
Share
Share
When You Can Seek Compensation for Pain and Suffering
Pain and suffering is a common term used in personal injury cases. You may be wondering, what is pain and suffering and if you are able to seek compensation for it. These are common questions people have after an injury.
What Is Pain and Suffering in the Eyes of the Law?
Some people mistakenly don’t seek compensation for their anguish when they don’t know the ins and outs of pain and suffering in legal terms. You might be surprised by what’s acknowledged by the court. Always consult with a personal injury lawyer to successfully prepare your claim without forgetting any key components.
Pain and suffering is the physical and mental anguish that stems from your injuries. Discomfort counts too. Courts also allow the future physical and emotional effects to be taken into consideration during a personal injury claim. Mental pain is the emotional impact the injury had on you. Examples of mental pain and suffering include depression, loss of consortium, anxiety, fear, anger, mental anguish, loss of enjoyment of life, distress and humiliation.
How Is Compensation Determined?
Most judges tell juries to determine what they think would be fair compensation rather than giving them a formula to estimate how much a person should be compensated. Juries usually use a multiplier ranging between 1.5 to 4 to calculate what they think would be fair compensation for personal anguish. The plaintiff’s medical bills and lost income are added together before multiplying. Sometimes, a jury decides this method of determining compensation isn’t suitable for the case.
You can be compensated not only for your medical bills but for the emotional pain an injury caused you. Keep detailed documentation on all of your medical expenses and emotional suffering after an injury to strengthen your argument in court. Also, seek advice from a personal injury attorney to avoid doing things that would hurt your claim.