Whether you are injured in a car accident, slip and fall, trip and fall or other accident due to the negligence of someone else, chances are that you have suffered pain and suffering and are entitled to receive compensation. The extent of pain and suffering depends entirely on the person injured and the severity of the injuries.
Pain and suffering is the legal term for the physical, psychological and emotional stress caused from an injury or injuries sustained due to the wrongdoing of another. It is a type of monetary damages that an injured person can recover for physical, psychological or mental pain that results from a wrong done, usually in the form of an injury to the person. Pain and suffering is a non economic loss, unlike loss of income or out of pocket expenses that are more easily calculated, and is meant to compensate someone for the kinds of distress and discomfort felt and endured from a wrong done by someone else.
Placing a specific value on pain and suffering is probably the most difficult task for a judge and jury in any personal injury case, aside from determining liability. For personal injury lawyers, a large part of the legal research focuses on pain and suffering and its monetary value. A great deal of investigation goes into providing an opinion on the monetary value of the pain and suffering damages is fair and reasonable in the circumstances. In reality, there is no pure or scientific formula, table, chart or reference to use in calculating pain and suffering. The specific facts of the case and particulars of how the injuries or wrong has affected a person’s life in every respect and prior decided cases (case law) are the most useful tools in assessing the value of pain and suffering. Every injured person and every injury is different and each case deserves a specific assessment and thorough evaluation. Everyone reacts to injury differently; two people can have almost identical injuries but suffer completely differently and to completely different degrees.