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Pain and Suffering Overview
You may have heard the phrase “pain and suffering” used to describe the effects of an accident, such as a car accident. The phrase seems fairly intuitive—the injuries and anguish caused by an accident. However, “pain and suffering” is a specific term with a legal definition that denotes certain types of non-physical and non-economic injuries.
The Legal Definition
This legal term refers to the pain linked to the physical injuries sustained by the plaintiff. It encompasses the physical pain and discomfort caused by the accident that they have suffered up until the present, as well as the continued hurt they will experience in the future.
Mental injuries are encompassed in this definition. This often includes things like mental anguish, loss of enjoyment of life, emotional distress, anxiety, humiliation, and more. Essentially, the defendant can be held responsible for negative emotions and trauma incurred because of the physical pain caused by the accident as well as by the physical damage itself.
Mental suffering can be as seemingly simple as emotional distress (though this, too can permanently change a plaintiff’s life) but can also extend to more serious problems like depression, loss of appetite, mood swings, sexual dysfunction, or even post-traumatic stress disorder (PTSD).
Pain and Suffering Examples
Car accident victims can often file lawsuits citing this legal term following crashes that leave them with broken bones, concussion, emotional anguish, and more. Even more simple issues—such as back strain that necessitates a visit to the chiropractor—can be considered an example of this legal term. Back pain may then lead to mental health issues like anxiety or depression. While more minor than severe physical and mental injuries like broken bones or PTSD, these issues can still fall under this umbrella and may qualify a person to pursue litigation.
Not all injuries show themselves immediately after a car accident occurs—some may be delayed and start showing symptoms later.
While this phrase does encompass specific types of injuries, juries are not given exact parameters for determining the value of a plaintiff’s injuries and are expected to use their own judgment to determine an award. Factors that (whether they should or not) may help determine how much will be awarded in these cases include whether a plaintiff is likable and credible, whether they are a good or bad witness, whether their testimony is consistent, whether they have physician testimony and the like.
Filing a Car Accident Injury Lawsuit
Were you or someone you love injured in a car accident and had to seek medical attention? You may be able to join this car accident injury lawsuit investigation. Even a car accident injury that happened years ago may be applicable.
Of course, filing a lawsuit cannot undo the physical and mental injuries caused by a car accident injury, or bring a loved one back to life, but it can at least help to alleviate the financial burden incurred by medical expenses and lost wages, as well as hold the defendant responsible for the hurt they caused.
If you or someone you love has been injured in a car accident and had to seek medical attention, you may be entitled to compensation.
