How is “Pain and Suffering” Defined in a Personal Injury Case?
After an unexpected injury, many accident victims have the right to seek compensation for their injury-related damages. The most obvious damages are based on economic losses, which include the costs of medical treatment for the injuries and wages lost due to missed work because of the injuries. However, in many cases, injury victims have the right to noneconomic damages, as well – specifically, damages for the pain and suffering they experienced because of their injuries.
What qualifies as pain and suffering? How do you put a dollar amount on intangible feelings? Anyone who suffered an accidental injury should discuss their right to pain and suffering compensation with an experienced personal injury law firm right away.
Calculating Pain and Suffering
Pain and suffering can be physical, psychological, or emotional. It is impossible to get into someone’s head and understand just how much they suffered because of an injury. For this reason, courts will look at certain factors to try to quantify pain and suffering, including:
- The type of medical treatment prescribed
- Medications prescribed
- The duration of time the pain and suffering persisted
Some people may need a sling or a brace after an injury to stabilize a body part, while others may need surgery to address an injury. Recovering from surgery can be significantly more painful and extensive than wearing a boot or cast for a few weeks. In addition, the treatment of certain injuries, such as burns, is often substantially more painful and invasive than the treatment of less severe injuries.
If a doctor prescribes powerful painkillers, the court can use that as evidence that the medication was necessary due to severe pain. Medical experts can also testify to the amount of pain normally caused by a particular injury. Finally, the longer pain and suffering persists, the more a claim may be worth.
Pain and suffering can also occur due to the effects of an injury. If an injury leaves someone with lasting disabilities or disfigurement, it can cause emotional suffering. This type of suffering can also be considered when determining the damages in a specific case.
Limitations on Pain and Suffering Damages
Like many states, Tennessee law limits the extent of noneconomic damages in a personal injury case. Noneconomic damages – including those for pain and suffering – are capped as follows:
- In most cases = Capped at $750,000
- Cases with catastrophic injuries such as amputations, spinal injuries, severe burns, or the wrongful death of a parent to a minor = Capped at $1 million.
You want to ensure you have the assistance of an attorney who understands how to prove the maximum amount of pain and suffering damages available in your case.
Discuss Your Rights With Our Sumner County Personal Injury Attorneys
If you sustained an injury in an accident and believe someone else was at fault, you should not wait to consult with a Hendersonville personal injury lawyer at the Law Offices of Bednarz & Bednarz. We work with clients in and around Sumner County, so call 615-256-0100 or contact us online for a free appointment today.