In a personal injury case, pain and suffering are damages that injured victims could recover to compensate them for the physical and emotional injuries that a negligent or reckless party caused them. Basically, they are intended to pay for the negative impact of the injuries on the victim’s quality of life. This is why the value of pain and suffering damages will always be subjective and will differ widely from one personal injury claim to another.
Understanding Pain and Suffering Damages
Pain and suffering refers to both physical and mental or emotional pain and suffering. Damages for physical pain and suffering are basically compensation for the victim’s literal actual and tangible physical injuries. This includes not just the discomfort and pain that you have endured, but also the negative consequences that you are likely to experience in the future due to the negligent acts of the party that caused your injuries.
Mental or emotional pain and suffering, on the other hand, results from your physical injuries. This could include things like:
Humiliation or embarrassment
Loss of life enjoyment
Loss of companionship (on the part of your spouse and/or children)
Basically, it’s any type of negative emotion that you suffered or are still suffering from because of the trauma and physical pain you experienced because of the accident.
In some cases, some victims may suffer more severe emotional pain and suffering, including depression, chronic fatigue, mood swings, sexual dysfunction, loss of appetite, sleep disturbances, and post-traumatic stress disorder, among others. Take note that this could likewise include emotional pain and suffering that you will likely experience in the future.
What Pain and Suffering Can Look Like
To illustrate, let’s say that you suffered multiple fractures and mild traumatic brain injury after a truck accident. Because of your injuries, you became hateful and depressed, have insomnia, and developed PTSD. Due to all of these mental issues, your doctor recommended that you see a psychiatrist. All of the issues you are experiencing are directly linked to the accident and the resulting injuries, so you are legally entitled to recover proper compensation for all these problems.
Likewise, because of all these mental issues, your relationship with your spouse is in jeopardy because of your depression. Your spouse also had to stop working so they could take care of you as you recover from your injuries. Additionally, your relationship with your kids is also suffering because you can’t care for or play with them like you used to before the accident. These issues entitle you to also recover damages for loss of companionship or consortium.
Contact Salam & Associates for a Free Consultation
Injured in an accident because of another individual or entity’s reckless or negligent acts? Contact us online at www.salampc.com to schedule your free consultation with our personal injury lawyers. Our lawyers here at Salam & Associates are licensed in Texas, New Mexico, Michigan, and D.C. You could find out more about your claim and the damages you might be entitled to recover to compensate you for your injury-associated damages.