Legal Lowdown: What are Pain and Suffering Damages?

Economic Damages Vs. Non-Economic Damages

Economic Damages: If you are injured in a car accident, the first type of damage that comes to mind is typically the sustained physical impacts that require medical attention, including include physical therapy, surgery, or other potentially costly treatment. When this occurs, it is important that you are reimbursed for any money you applied toward this treatment if you were not at fault for the accident. The money that may be awarded so that you may repay such expenses is referred to as economic damages.

Non-Economic Damages: Equally as important, however, are non-economic damages, often called pain and suffering damages, offering insight into the type of relief they are meant to provide. Pain and suffering damages can be considered the remedy for the emotional trauma and pain the physical injuries have caused an individual.

Determining the Appropriate Compensation for Non-Economic Damages

Several factors are taken into consideration when determining the appropriate monetary award in connection with pain and suffering damages, including:

  • Effects of the injuries on the overall physical and mental health and well-being of the plaintiff, which may include the impact of permanent impairments and their psychological effects
  • Physical pain and mental anguish suffered in the past and which, with reasonable probability, may be expected in the future
  • Disfigurement (usually meaning scars and scarring) and humiliation or embarrassment associated with it
  • Medical and other expenses reasonably and necessarily incurred in the past and which may be expected in the future
  • Losses of past earnings and reduction in earning capacity, which, with reasonable probability, may be expected in the future (losing the ability to work at chosen jobs may have serious mental and psychological impact)

Let’s look at an example. If, after a serious car accident, an individual suffers from extreme anxiety every time they look at their scar or a disfigured area of their body, they may be eligible for some financial compensation for those forms of suffering, and an experienced personal injury attorney in Virginia can help develop this key evidence.

Are You Suffering from Pain and Suffering After an Accident?

If this article rings familiar to you, and you’ve been in a car accident and are now facing pain and suffering, be sure to document your challenges. Keep a journal beginning on the day you were in the accident, noting your pain and the issues you may have. Don’t rely on your memory to recall the many forms of physical pain and mental struggles. A journal created at the request of your personal injury attorney can greatly assist, acting as a resource to explain the many issues you face in connection with the accident.

Let Us Help You

If you have been in a car accident and are looking for a top shelf experienced personal injury attorney in Virginia, contact Shapiro, Washburn & Sharp for a free case evaluation today. While no precise formula can calculate the potential damages you may be able to claim, our Virginia personal injury attorneys are experts at determining how to present key evidence and obtain what you deserve! Reach out to us to schedule a consultation so we can help determine how to proceed with your case and how to develop and present your best evidence.