Pain and suffering damages can be used to make up for payment for any injuries that are physical or emotional, illness, or other damages that the defendant created. These are meant to show the impact of the harm of the incident on the life of the person, and it can be resolved in each different basis.
There are some examples of this, and typically, they show how there is impact of the injury on their life.
It can involve the following:
- A reduced quality of your life
- Impairment physically
- Anguish mentally or suffering
- Grief if someone is lost
- If there was harm that shortened the lifespan
Who is Entitled to Suffering and Pain Damages?
The person is entitled to this compensation if they are dealing with some form of pain that’s tied to the injury itself.
For example, if the conduct of the defendant causes damage permanently that’ll shorten the lifespan or alter their appearance, then they may recover this.
In general though, the pain and suffering damages shouldn’t be imaginary, so if the plaintiff can’t prove that they were traumatized due to the incident, then they may not collect pain and suffering damages.
Are there Limits
In general, this is subjective, with the reason being that there is no standards that are uniform that make it possible to make them.
In some states there are some statutes. For example, such as the damages only incurring to three times what it costs. In some cases, it may be capped as well.
Another way this is also calculated though is through insurance. For example, some companies might use a daily rate, multiply it by how long the person has suffered, and from there use that.
They also may consider other factors and also may multiply the damage to the amount too. Regardless though, it can not exceed what the state statute is.
How is it Proven?
There are a few ways for you to prove this, and it includes the following:
- Your medical records and bills
- The diagnosis given by the doctor to prove the existence
- Medical professionals used as witnesses
- The time that the symptoms have been there
- Limitations that the injury has caused in their daily life
- Injury photos
- Other elements to prove that there is pain and suffering damages
For example, if it was a car accident that was caused by negligent drivers, then the plaintiff can prove all of the evidence of this to recover the damages.
When are they Awarded?
Typically, this is awarded after they’ve proven that the claim is legitimate. For example, if they prove that the defendant was driving recklessly, they can then request the pain and suffering damages.
However, you must understand that this is not the same as the damages for the medical bills. These are meant to help the person who was injured with the physical or emotional pain.
The compulsory damages are the medical expenses, which is what they have to pay for treatment. For example, if they needed surgery, then they would get paid for the surgery and any lingering hospital costs.
Damages for suffering and pain also include mental anguish, especially therapy, and as well if they got depressed after the accident due to physical disfigurement.
With pain and suffering, the best way to collect on this is to talk to a personal injury attorney about it, since they can help you get exactly what you need, so you can get the solace that’s necessary to fully recover.