Pain and Suffering Compensation in Your Personal Injury Suit

by | Nov 12, 2014

When is it appropriate to ask for what you deserve?

Have you been injured in an accident or incident at your workplace, private residence, or public space? If you have, you may be entitled to compensation for more than just your injuries, lost wages, and any disabilities suffered. Suing for “pain and suffering” is a common practice that can produce favorable outcomes for plaintiffs in certain circumstances.


What Is Pain and Suffering?

Pain and suffering is directly related to the physical injuries that a plaintiff suffers in the course of the accident or incident for which he brings a lawsuit against the defendant. It can be broken into two main categories:

  • Physical pain and suffering: This is the pain and anguish that can be directly traced to your physical injury as well as any lingering pain and discomfort that could result from a long-term or permanent injury.
  • Mental pain and suffering: This category includes less tangible things like “loss of enjoyment” and negative effects on quality of life as well as mental anguish, depression, and other psychological consequences.
How Is It Determined?

Unfortunately, there’s no infallible test for calculating pain and suffering. In most cases, a plaintiff calls witnesses or cites evidence to bolster their claim of pain and suffering that merits compensation over and above the direct costs of the injury. In turn, judges and juries exercise good judgment to determine the severity of the pain and suffering cited. After assessing the situation, they typically apply a multiplier of anywhere from 1.5 to 4 to the total damage award.


When Is It a Good Idea to Seek Compensation for Pain and Suffering?

It’s typically a good idea to seek compensation when your injury is particularly severe or debilitating. If you can prove that you suffered immense physical or mental pain, a judge or jury will be more inclined to take your claim seriously.

Whether you’re planning on seeking compensation for pain and suffering or prefer not to pursue this particular avenue of justice, it’s important that you have a good idea of what to expect before bringing a lawsuit against a defendant. To learn more about how we can give you the tools you need to seek justice for your losses, give us a call or fill out the online contact form.


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