At its most basic, pain and suffering is the legal term that is used to describe the physical and emotional stress caused by an injury. This can include things as minor as aches or restless sleep all the way up to serious life limiting and debilitating pain, and major mental anguish.
Physical pain and suffering covers the actual pain you feel or have felt from the injuries you have received. Physical pain and suffering may only last a short time then stop or it could be something that you deal with for the rest of your life.
Mental pain and suffering is the psychological byproduct of the injuries you have received. Things such as mental anguish, emotional distress, fear, anger and even loss of enjoyment of life can all fall under the umbrella of mental pain and suffering.
If you have been injured in an accident and have suffered, or are currently suffering from, mental or physical pain and suffering you deserve to be compensated for you pain.
There are no formulas used by juries when it comes to determining damages for pain and suffering. The jury is usually instructed to use their good sense and experience to determine a fair and reasonable amount of compensation for pain and suffering. There can be many factors that can affect how much a jury awards in pain and suffering compensation. These factors include:
- The quality of the witnesses
- The credibility of witnesses
- Plaintiff’s testimony regarding their injuries
- Testimony of physicians
- If the diagnosis and injures make common sense to the jury
- Whether the plaintiff is likable and sympathetic
- The type of injury suffered
- The severity of the injury suffered
- The type of medical treatment received
- Recovery time
- Long term outlook
These are just a few of the more common factors that a jury will take into consideration when they award compensation for pain and suffering. It is the plaintiff’s job to make certain that the jury fully understands their level of pain and suffering. A lawyer who specializes in personal injury law can help immensely in making certain this happens so that you can receive the largest possible amount of compensation for your pain and suffering.