How is “Pain and Suffering” Defined in a Personal Injury Case?
After an accident, it is not uncommon for the accident victim to experience emotional pain and suffering in addition to the physical injury sustained during the accident. In the course of seeking compensation for the injuries sustained in the accident, the question is raised: how is “pain and suffering” defined in a personal injury case? What is the value of emotional suffering?
The definition of “pain and suffering”
Physical pain and suffering is what it says – the physical pain and suffering a person experiences as a result of a physical injury. Pain and suffering refers to what has already been endured or continues to exist, as well as the future adverse effects that the injured party is likely to withstand as a result of the injury.
What is emotional pain and suffering?
Emotional pain and suffering refers to the mental anguish and suffering that often accompanies the physical injury that is sustained. Emotional pain and suffering is a result of the physical pain and trauma the individual faced in the accident, and the term refers broadly to a number of negative emotions including – but not limited to – any of the following:
- Emotional distress
- Loss of enjoyment of life
- Mood swings
- Loss of appetite
- Post-traumatic stress disorder (PTSD)
Emotional pain and suffering includes the mental anguish experienced by the victim up until the time they file a personal injury claim, as well as the pain and suffering they will most likely withstand in the future as a direct result of the accident and their physical injuries from the accident.
How is compensation determined for emotional pain and suffering?
Unlike the damages for a physical injury, which may be measureable in the context of medical bills, medical treatment, lost wages, lost earned sick and vacation time, and loss of enjoyment and consortium, it is challenging to place a value on an individual’s emotional pain and suffering. This must be estimated based on the individual circumstances of the personal injury accident case, taking into consideration a variety of impacts the accident may have brought upon the injured victim. These may include counseling, psychiatric treatment, compensation for loss of income due to the inability to return to work, and any other emotional suffering that is a result of the accident.
Our compassionate team is dedicated to fighting on behalf of accident victims
At Ged Lawyers, LLP, our compassionate team understands that the emotional pain and suffering one experiences from an accident can endure much longer than the physical pain experienced. Our skilled team is dedicated to fighting on behalf of accident victims, protecting their rights and recovering just compensation for all of their injuries and suffering. Contact a member of our team at 844-443-3529 or online to arrange for a free case review to discuss your situation.