Pain and suffering damages are frequently claimed in personal injury cases. Find out more about what they are.
Pain and suffering can include a wide variety of damages. These include:
- Physical pain and suffering
- Mental anguish
- Potential shortening of life
- Temporary or permanent limitations on activity
Physical pain and suffering includes things like body aches you now have to live with as a result of injuries sustained. Mental anguish includes any emotional distress you may have experienced as a result of the incident or injuries sustained in the incident. Some people have scarring as a result of their injuries and they become very self-conscious and suffer from emotional distress. An accident or the resulting injuries can also cause anxiety and depression. Mental anguish damages also include loss of enjoyment of life. You may have had to give up a beloved hobby due to your injuries or maybe your sex life has been affected. These things fall under loss of enjoyment of life.
How much can I recover for pain and suffering?
Medical bills and property damages are fairly easy to calculate. You can objectively place a monetary value on these things. The difficulty with pain and suffering damages is that they are subjectively calculated. This leads to a wide variety of results from claims adjusters and juries. Insurance companies try to take advantage of the subjective nature of pain and suffering damages and will commonly undervalue them.
If a settlement cannot be reached with the insurance company, your insurance claim may turn into a court case. A jury is not instructed on how to calculate pain and suffering damages, mainly because they are so subjective in nature, it would be difficult to set up consistent guidelines. Therefore, the jury is left to draw on their own experiences and personal feelings about what fair compensation would look like. A sympathetic jury could potentially award a sizeable amount of pain and suffering damages. In making their calculations, the jury may consider the following:
- The type and extent of medical treatment received
- Severity of the injuries
- Psychological pain resulting from the injury
- How sympathetic the victim is
- The credibility of the victim
- How they would feel if they personally or someone they loved incurred the same injuries
- Potential long term consequences of the injury
Philadelphia Personal Injury Lawyers at McCann Dillon Jaffe & Lamb, LLC Help Accident Victims Recover Damages for Pain and Suffering
Pain and suffering damages may be subjective, but they are very real. The mental anguish of being in an accident and sustaining injuries, the way it can completely change your life, and the stress of potentially invasive medical treatment is serious and you deserve to be properly compensated for these damages. Don’t let the insurance companies try to take advantage of you by undervaluing your pain and suffering. The Philadelphia personal injury lawyers at McCann and Wall, LLC are experienced in dealing with accident victims and standing up to the insurance companies. We understand what you are going through and our goal is recovering maximum compensation for your injuries. Contact us today online or call 215-569-8488 for a free consultation.