What Is Pain and Suffering in a Personal Injury Case?

When you get hurt because of someone else’s actions, you might hear the term “pain and suffering”. This phrase is common in personal injury cases and represents the physical and emotional stress you experience due to your injury. Pain and suffering go beyond the visible injuries and the costs of medical treatment. They include the non-tangible effects that disrupt your life, making everyday activities difficult or impossible.

Understanding Noneconomic Damages

When you experience an injury, you may suffer not just physically but also mentally and emotionally. Physical pain and mental suffering include various forms of noneconomic damage. These damages cover things that don’t have a direct monetary value but impact your life significantly.

Examples of non-economic damages include physical pain, physical impairment, mental suffering, disfigurement, loss of enjoyment of life, anxiety, grief, humiliation, and emotional distress. These terms represent different types of harm that are personal and subjective.

Calculating Noneconomic Damages

There isn’t a set formula to calculate the amount of noneconomic damages you should receive. The decision depends on the evidence presented and the common sense of the jury. They use their judgment to decide on a reasonable amount that compensates for your pain and suffering.

Future Pain and Suffering

If you are seeking compensation for future pain and suffering, you must prove that it is reasonably certain you will continue to suffer from the harm. The jury will then determine an amount in current dollars to compensate for future suffering. This amount does not get further reduced because the idea is to compensate you today for tomorrow’s losses.

Mental Suffering and Its Impact

Mental suffering can include a range of feelings such as nervousness, grief, anxiety, worry, shock, humiliation, and indignity. Each of these emotions affects your mental health and overall well-being.

Nervousness can lead to physical symptoms like sweating, trembling, and a rapid heartbeat, which can interfere with your daily activities. Grief is a deep sorrow, often resulting from a significant loss, and can lead to prolonged periods of sadness and depression. Anxiety involves excessive worry or fear that can result in panic attacks, trouble sleeping, and difficulty concentrating. Worry can consume your thoughts and prevent you from enjoying life. Shock is a sudden and intense emotional reaction that can leave you feeling numb or disoriented. Humiliation can deeply affect your self-esteem and confidence, making it hard to face social situations. Indignity refers to the feeling of being disrespected or treated unfairly, which can cause significant emotional pain.

Disfigurement

Noneconomic damages are not limited to emotional distress and pain and suffering. They also include several other factors that significantly affect your quality of life.

Disfigurement involves any permanent change to your physical appearance, such as scars or amputations. This can lead to a loss of self-confidence and social withdrawal. Disability refers to a physical or mental condition that limits your movements, senses, or activities. It can affect your ability to work, participate in hobbies, and perform daily tasks. Impaired enjoyment of life means that the injury prevents you from enjoying activities and experiences you once found pleasurable. This might include hobbies, social interactions, and family activities.

Susceptibility to future harm means that your injury has left you more vulnerable to future injuries or illnesses. This can cause ongoing anxiety and stress about your health. Shortened life expectancy acknowledges that your injury has decreased the number of years you are likely to live, affecting your long-term plans and quality of life.

Role of the Jury

Courts understand that there is no market price for pain or a scar. The damages are based on what a reasonable person would consider fair compensation. The jury’s discretion plays a crucial role in determining the amount awarded to you for noneconomic damages.

The jury must consider how each element of noneconomic damage has altered your life and determine a fair amount of compensation. They rely on their judgment and the evidence presented to understand the full scope of your suffering and its effects.

Proving Pain and Suffering

To support your claim for pain and suffering, you need strong evidence. This can include medical records, testimonies from doctors, personal diaries, and witness statements. Medical records and doctor’s testimonies can document the physical pain and the need for ongoing treatment. Personal diaries can help show the emotional impact and how your life has been affected daily. Witness statements from family, friends, or co-workers can support your claims by providing third-party observations of your struggles.

Challenges in Proving Pain and Suffering

Proving pain and suffering can be challenging because it involves subjective experiences. Insurance companies often scrutinize these claims closely and may argue that your suffering is exaggerated. It’s important to document your pain and emotional distress thoroughly. Regularly updating your medical records and keeping a journal of your daily struggles can strengthen your case. Consistency in your story and supporting evidence is key to overcoming these challenges.

Seeking Compensation for Pain and Suffering

To seek compensation for pain and suffering, you typically need to file a personal injury claim. This process involves gathering evidence, calculating your damages, and negotiating with the at-fault party’s insurance company. In some cases, you might need to file a lawsuit to get fair compensation.

Contact Los Angeles Personal Injury Lawyer Samer Habbas

Understanding your rights and the value of your pain and suffering is crucial. Don’t settle for less than what you deserve. If you’ve been injured in Los Angeles due to someone else’s negligence, get in touch with Law Offices of Samer Habbas & Associates, PC for a consultation regarding your legal rights and options. Call 949-727-9300 or contact us online for a consultation. We can help you understand your case and fight for the compensation you deserve.