Pain and suffering refer to physical discomfort and emotional distress that are compensable as non-economic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury!
Special damages, also known as economic damages, have a specific cost linked to them. General damages, on the other hand, are non-economic. This means that they don’t come with a predetermined value and must be assessed for the effects they have on someone’s life.
Deciding the value of general damages is a crucial step, that often requires the attention of specialized claims adjusters (in insurance claims) and may even need the presence of a lawyer!
So, what is Pain and Suffering?
Pain and suffering is a catch-all term for a wide range of physical and emotional consequences of an accident. You may be able to receive compensation for these issues if you can prove their effects on your life.
Medical bills, vehicle repairs, lost wages, and other costs are not included in pain and suffering damages. Instead, pain and suffering include things like physical pain experienced from the injury, as well as mental anguish, experienced in the past and into the future as a result of the event and/or injury.
Examples of physical pain and suffering:
- Long-term disability or impairment
- Shortened life expectancy
- Present or future physical limitations
- Complications to daily life
- Physical pain and discomfort
- Significant disfigurements, such as scars, amputations, or burns
- Loss of bodily function
Examples of emotional pain and suffering:
- Depression or anxiety
- Post-traumatic stress disorder (PTSD)
- Changes in sleeping or eating patterns
- Loss of enjoyment of life or things you used to do
- Mood swings
- Fear, anger, or humiliation
What Determines a Pain & Suffering Settlement?!
Here are some of the factors the involved parties will consider when determining the monetary value potentially attributed to your pain and suffering:
- Age of the victim at the time of injury
- Injury type
- How long pain lasted
- Nature & location of injury/ scarring/ disfigurement
- How pain affects the life of a victim
- Recovery time
- Anticipated future problems
- Severity of pain
One or more of these factors can play a significant role in determining how much financial compensation you may receive for your injuries.
In an injury case, it is absolutely critical to establish a link between the injuries sustained and your lasting mental or physical anguish. You will not be able to recover compensation if your issues cannot be linked to the personal injury accident.
When to Make an Insurance Claim & Obtain Assistance
If you or a loved one is injured as a result of an accident, you may be entitled to pain and suffering compensation. Reach out to the claims department of your insurance carrier for more information on the next steps you should take. Your claims department will have the experience and access to the most up-to-date and innovative technology that will help them review your claim.
We’ve seen enough cases to know how serious your accident can be later in life. We understand the importance of understanding how your insurance will work for you so that you receive adequate benefits. With TEMPRAInsurance.Com, we will help you will choose insurance that will take care of you and help to protect everything that you have worked hard to earn. We hope that this article will prepare you for what can lie ahead and that it encourages you to…
Live WELLthy!
~Tempra
