Pain and suffering is one of the types of financial compensation an individual may be entitled to during a personal injury lawsuit. This damage is used to compensate an individual for the emotional and physical stress that has resulted after an accident has occurred. Emotional stress can include anxiety, depression, panic attacks, nightmares, insomnia and similar symptoms.
No Pain & Suffering?
Pain and suffering is not awarded on all lawsuits, and the amount that is awarded in cases where it is a part of the deal will vary from case to case. The monies awarded for pain and suffering are in addition to the amount awarded for medical bills, lost wages, etc., although still considered a part of the general lawsuit. This means you might get two separate settlements or awards.
If you expect to receive pain and suffering damages, filing a lawsuit is probably the only way that you will get it. Insurance companies are not keen on paying for these type of damages, assuming that a victim is receiving all of the money they deserve in the amount offered for settlement.
Additionally it is important to know that not all states allow an individual to sue for pain and suffering. Some states in the US have a no-fault legislation that prevents pain and suffering, as well as punitive damages.
How Much is Your Case Worth?
If you qualify for pain and suffering in your case, there are several different things that will be used to determine the amount that you will receive. This includes the therapy and medical treatment that you have endured. You should have all of this information available for the lawyer when it is requested. This will smooth and speed up the process. The more proof of your pain and suffering that you have the better.
Some of the things that are taken into consideration when determining how much you might receive for pain and suffering include:
- Seriousness of the injury
- The part that the victim played in the injuries
- What will the future hold?
- What does the jury say?
The Bottom Line
Some cases are eligible for pain and suffering damages while others are not. It is always in your best interest to talk to a lawyer to learn more about this rule, whether your case may qualify for, and more about the amount of money that you can receive in your settlement.