What Qualifies As “Pain and Suffering” in Personal Injury Cases?

James Law Office, LLC

Personal injuries after a preventable accident can be financially, physically, and emotionally damaging to the victims. When a negligent person causes an accident and subsequent injury, victims should be compensated for the anguish that could have been avoided. In the courtroom, victims can demand restitution for their physical injuries and emotional damage, which is referred to in the legal world as their “pain and suffering”. To find out what qualifies in the courtroom, read on or reach out to a Darlington, South Carolina Personal Injury Lawyer today.

What Is “Pain and Suffering” in the Context of Personal Injury Lawsuits?

In the courtroom, pain and suffering can refer to both physical and emotional conditions suffered by the victim after an accident. Many victims seek compensation both for their suffering and financial losses (like medical bills and lost wages). There are many different conditions that may qualify for restitution.

Physical ailments after an accident that may be eligible for compensation include:

  • Broken or fractured bones
  • Back or neck pain
  • Brain injury
  • Headaches or migraines
  • Internal organ damage
  • Dislocated joints
  • Paralysis

Emotional injuries after an accident that may be eligible for compensation include:

  • New or worsened depression
  • Anxiety symptoms like worry and fear
  • Insomnia
  • Post-traumatic stress disorder (PTSD)
  • Grief
  • Cognitive changes after a brain injury
  • Overall diminished quality of life

There are many other conditions that could qualify for compensation, but these are the most common conditions brought up in personal injury claims.

What Is Loss of Consortium?

In the event of a wrongful death, family members of the victim may also seek damages for the loss of their loved ones. The family can receive compensation for the victim’s medical expenses and lost wages, and they can additionally receive restitution for loss of consortium. This is a legal term for the emotional anguish that the family experiences after the sudden and preventable death of their loved one. This includes the loss of care, companionship, parental guidance, spousal intimacy, and household services. Grieving family members can receive special awards for many other damages.

How Are Pain and Suffering Damages Calculated?

There are generally two different ways that pain and suffering damages are calculated in court. The first is the multiplier method in which the total actual damages (like medical expenses and lost wages) are multiplied by a certain number. This is usually a number between one and five that represents the severity of the injuries. The next is the per diem method, where the victim receives set daily payments every day until they are healed as much as possible. This is determined by doctors who expect that the victim’s condition cannot be improved any further.

If you’ve been injured in an accident caused by a negligent person, you should consider pursuing financial compensation. For quality legal counseling, contact James Law Office, LLC today for a free consultation with a highly experienced personal injury attorney.

Visit Us

Darlington Office
54 Public Square

Darlington, SC 29532

CF Image

Get in Touch

Free Consultation (843) 391-9902