Personal injuries provide one of the biggest sources of employment for attorneys in America, and the industry is continuing to grow.
Plaintiffs in personal injury cases seek financial compensation to cover some harm that another person or entity has caused them. Often, this compensation will directly address financial losses or costs, such as medical expenses and lost earnings.
However, not every damages claim is so easy to calculate. A pain and suffering claim, which aims to compensate a plaintiff’s distress, is much more difficult to put a price on. Not only that, it can also be harder to prove in the first place.
Read on to learn more about pain and suffering claims and how you should approach one if you have a case on your hands.
Table of Contents
What Is a Pain and Suffering Claim?
A pain and suffering claim is one that aims to put a price on a plaintiff’s distress and recover that amount for them. The key difference between this type of claim and other personal injury claims is that there is no straightforward way of putting a price on someone’s pain and suffering.
Proving a Pain and Suffering Claim
The nature of pain and suffering claims makes them difficult to prove. No one can say for certain whether a given plaintiff is actually experiencing a situation in the way they say they are.
Another important issue to consider here is causation. Even if someone is obviously distressed or in pain, it’s not always easy to say with certainty that the defendant’s actions were the reason for it.
If you want to prove pain and suffering, you’ll need a good lawyer. Contact 4stateslaw.com to discuss your case.
Calculating the Value of a Pain and Suffering Claim
As noted above, putting a value on a pain and suffering claim is often a difficult thing to do. However, courts do have a system for working it out. The following factors are the most relevant when doing the math.
Type of Injury
Some types of injury will attract pain and suffering damages more readily than others. Also, some injuries are not eligible for this kind of compensation at all.
Amount of Pain
Judges will consult with medical pain specialists to assess just how severe a plaintiff’s pain and suffering is. While this isn’t an exact science, a good doctor will be able to make a reasonably accurate judgment here.
Outlook for the Future
A key factor to consider is how long the pain will continue. The longer it’s likely to go on, the bigger the settlement will be.
Securing the Right Settlement After an Injury
A pain and suffering claim can be more difficult to work out than a claim based on lost earnings, medical bills, or some other easily-quantifiable loss. However, that doesn’t mean you should be reluctant to pursue one.
Pain and suffering are real issues, and you deserve to be compensated for yours if the incident in question wasn’t your fault.
If you enjoyed this article, be sure to like our social media pages and sign up for our newsletter!