Personal Injury Lawsuits: What is Pain and Suffering?

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If you have been injured because of another person’s negligence, you may be entitled to receive compensation for the serious pain and discomfort you suffered during and after the accident. In injury-related lawsuits, pain and suffering can be classified as physical, which refers to actual physical injuries, and mental, referring to any kind of negative emotions you have to endure because of the injury.

What’s Included?

Personal injury lawyers in Brooklyn, NY note that in physical pain and suffering, you may also receive compensation for the pain you have suffered since the accident, including any discomfort or other detrimental effects that are expected in the future. Mental pain and suffering, meanwhile, may include emotional distress, mental anguish, loss of enjoyment or life, as well as mental disorders caused by the accident like depression or anxiety disorder.

How Much is My Pain and Suffering Worth?

The amount of pain and suffering may vary depending on the severity of the injury as well as your condition before the accident. Note that even two people with the similar injury may experience different values of pain and suffering. A person with a medical condition, for instance, may have considerable pain and suffering than a healthy person involved in the same accident.

How is it Calculated?

There are no specific guidelines or mathematical formula to calculate the amount of pain and suffering. In most cases, the judge will tell the juries to use their experience, background, and good sense in deciding the reasonable amount to compensate the victim. Note that there also some factors that come into play when the jury is determining the value of pain and suffering. These may include:

  • If the plaintiff is credible or a good witness
  • If the testimony of the plaintiff is consistent
  • Whether the plaintiff has a criminal record
  • Whether the jury thinks that the plaintiff is exaggerating about his or her claims
  • If the doctor supports the claims of the plaintiff about pain and suffering

Settling out the case out of court is also an option for a less risky and a faster settlement.

If you or a loved one has been hurt or injured because of someone else’s fault, you can seek compensation for pain and suffering and other damages. Contact an experienced personal injury lawyer today to find out how you can get what you deserve.