You may have heard the phrase “pain and suffering” in the legal world but aren’t exactly sure what qualifies in the courtroom. The term is mainly used in personal injury liability claims, but it can also be used in wrongful death lawsuits. To find out about the types of “pain and suffering”, read on or reach out to a Bexar County, Texas Personal Injury Lawyer today!
WHAT QUALIFIES AS “PAIN AND SUFFERING”?
“Pain and suffering” is a legal term to describe the injuries endured by a victim following an accident. There are generally two types: physical and emotional. Victims may seek restitution for substantial physical pain or mental anguish caused by an accident and subsequent personal injury due to someone else’s negligence. “Pain and suffering” is often included in personal injury settlements to pay for the victim’s medical expenses.
The physical pain caused by a personal injury could possibly last far after the actual incident. Chronic pain can even be permanent. Other physical medical conditions that qualify as “pain and suffering” include:
- Back or neck pain
- Traumatic brain injury
- Headaches or migraines
- Broken or fractured bones
- Paralysis
- Internal organ damage
- Pulled or sprained muscles
- Dislocated joints
Victims can also face psychological damage from a personal injury accident. Severe mental distress can last a long time and be debilitating for victims. Examples of emotional damage include:
- Post-traumatic stress disorder (PTSD)
- New or increased anxiety or depression
- Insomnia
- Grief
- Cognitive changes after a brain injury
- Overall decreased quality of life
There are many other physical and medical conditions that could be eligible for damages. To qualify, the physical or mental injuries must be proven substantial. The extent of the injuries can be proven through hospital records,
WHAT IS LOSS OF CONSORTIUM?
“Pain and suffering” in the courtroom can also refer to the anguish that a victim’s loved ones experience after a wrongful death. This is referred to as loss of consortium. Family members or other loved ones can demand restitution for both the loss of life and the losses of what the deceased victim provided. For example, a victim’s spouse can seek damages for the loss of care, companionship, household services, and more. They can also receive compensation for medical bills and lost wages of the deceased.
HOW IS “PAIN AND SUFFERING” CALCULATED?
The physical and emotional damages of a victim can be calculated in two different ways: the multiplier method and the per diem method. The multiplier method totals the actual damages, like medical expenses and lost wages, then multiplies the total by a number based on the severity of the injury. The per diem method assigns a specific amount of damages each day until the victim’s condition cannot improve anymore.
Need help with your personal injury claim or wrongful death case? Sahadi Legal Group is here to provide quality legal counseling! Contact us today for a free consultation with a highly experienced attorney.
