What Type Of Damages Are Awarded For Pain And Suffering
Right after you have been injured because of someone else's negligence, you can pursue compensation for damages. Many non-pecuniary and pecuniary damages happen in an accident. Understanding what types of damages you can seek compensation for is crucial.
After a severe accident whether it is a slip-and-fall or car accident, you may face many damages. The sufferings are not only physical but also mental and financial. All these sufferings include medical bills, property damage, physical pain, loss of income, etc.
Understanding Pain and Suffering from Damages
Damages from personal injury cases can impact your life badly. As a victim, you can seek compensation for damages from the at-fault party. But you need to prove your losses in a personal injury claim.
What is more, you have to submit the claim worth to the defendant's insurer. What happens in most cases, the at-fault party ignores general damages. Each case has different facts and circumstances.
Hence, the worth of damages depends on pain and suffering and the severity of the accident. When you file for a claim, the court inspects the evidence presented in the case. They decide what is fair for the victim.
As a plaintiff, you must understand the consequence of your pain and suffering. So you can make your claim strong and effective.
Types of Damages for Pain and Sufferings
Here we briefly explained the types of damages for pain and suffering.
Special Compensatory Damages
Special compensatory damage benefits include damages for lifelong difficulty resulting from a personal injury. These damages are unique to the individual victim. So, reaching a reasonable value for the nuisance can be difficult.
Basically, it is a special type of damage that covers any expenses related to the injury. There is no limit to the compensatory damage claim. The common compensatory damages are;
- Current and future medical bills
- Loss of earnings
- Household expense
- General Compensatory Damages
The general damages compensate a victim for non-monetary damages that happened in an accident. It generally harms after an injury; that is why called general damage. Victims are expected to get the least amount for damages. The common types of general compensatory damages are,
- Mental anguish
- Pain and sufferings
- Non-economic damages
- Loss of companionship
- Punitive Damages
Punitive damages claims are awarded to the plaintiff if the accident happens due to the defendant's wrongful, negligent behavior. For example, when an accident occurs by a drunk driver or the defendant is found guilty. These acts also include sexual assault, aggravated battery, or fraudulent behavior.
Also read about: What is the difference between disability allowance and disability benefit
A lawyer knows if there is any chance of seeking punitive damages. Based on the evidence, they can take the case to a full trial requesting damages. The damages are awarded to the defendant as a punishment.
Wrongful Death Damages
The wrongful death damages are awarded to the surviving family or loved ones of the victims. These damages include,
- Pre-death medical care cost
- Funeral and burial expenses
- Loss of financial contribution to the family
- Loss of support
- Loss of companionship
Proving Pain and Suffering
Proving general damages are easier for the plaintiff. Both parties can identify and calculate compensation for these damages. But, claiming damages for pain and suffering is also a critical part of a personal injury claim.
Hence it is essential to provide documents and evidence to the court or the insurance company. So you can convey your pain and suffering from the accident. Here is a suggestion from our experts -
- Document all the medical sessions that happened after an accident.
- Add written opinions from the medical experts about the condition of your injury.
- Include a complete list of all medicines prescribed by the doctor following the accident.
- Include documentation of any permanent or disabling conditions.
- Provide evidence from near ones about the daily life pain and suffering, how badly the accident impacts your life.
Calculating Damages for Pain and Suffering
Calculating damages is one of the most challenging tasks a personal injury lawyer has to perform. That is why; you need the most experienced lawyer to handle your case. A few things are considered to calculate equitable damages for pain and suffering.
- The severity of the injury
- The depth of the negligence behavior by the at-fault party
- The impact that the injuries have on your life
- Your employment status
- How long will it take to heal the injury?
- Whether the victim need to continue medical treatments
- Overall mental and physical pain suffered by the injured victim.
Two methods are used to calculate the damages for pain and suffering. In the first method, the total damages are multiplied using a deciding factor by both parties. And, another method is a per diem calculation.
Final Words
The injured plaintiff deserves the damages in a personal injury claim after settling. Getting real money and awarding damages after a court order is two different things. The defendant will try their best to avoid the damages. So, it is wise to let a personal injury lawyer handle the case.