In many personal injury or negligence cases. The party that has incurred a personal injury is eligible to recover financial damages from what is known as “pain and suffering.” Pain and suffering refer to those emotional and physical effects as a result of injuries. This is typically classified as “non-economic damage” as opposed to economic damage. Pain and suffering, along with medical expenses and lost wages resulting from your injury. Are other expenses that may be recovered after your personal injury event with the help of a personal injury attorney. However, if you intend to fight for and win back expenses associated with pain and suffering, you must first understand how the courts in your area define and quantify “pain and suffering.”
What Constitutes “Pain and Suffering”?
The definition of “pain and suffering” may vary from state to state. So always be sure to check in with your state’s legal definition. However, pain and suffering are often defined legally, including physical pain, anguish, and emotional effects. It could be specifically defined both physically and mentally with diagnoses from doctors. For example, broken bones or post-traumatic stress disorder (PTSD), or anxiety resulting from the traumatic incident. All of these conditions would fall into the classification of “pain and suffering” in many states.
How do Courts Quantify Pain and Suffering?
Quantifying pain and suffering in a money value may seem almost impossible to comprehend. The judge assigned to your case will examine the facts of your injury, including its severity medically, the amount of immediate pain it caused you as well as the lasting pain it will cause you, mental and emotional trauma as a result of the incident, and whether the pain and suffering impact your everyday life. To do this, the judge will likely consult your medical records and the police report of your accident.
What Should I Do if I’ve Been in an Accident?
If you were in an accident, be in an auto accident, a slip and fall, or a work-related incident, you should always consult the help of an experienced personal injury attorney. A good attorney can help you determine if you are eligible for compensation for your pain and suffering.
Contact Herrman & Herrman P.L.L.C. at 361.882.4357
Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.
- You can trust our attorneys to be compassionate and professional.
- We will fight hard to obtain a fair settlement for you.
- Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
- We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
- We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.