If you were seriously hurt in an accident caused by another person or entity, you know the severe pain and suffering you can endure. Whether you suffered a herniated disc, broken arm or leg or head injury, you know that the mental and physical pain and suffering of these injuries can be debilitating.
Legally, ‘pain and suffering’ is defined as physical and/or emotional pain that is caused by an accident. Victims frequently wonder if they can obtain financial restitution for their pain and suffering. In many personal injury cases, you can be compensated for your pain and suffering. Determining how much you are entitled to is complicated. While a personal injury attorney can give you guidance on the rough amount of compensation you can expect, your settlement or verdict amount could be different.
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The reason pain and suffering compensation is harder to determine is that pain and suffering deals with one’s physical and emotional pain, which is harder to put a firm number on than medical treatment costs. But with good legal representation, major compensation is possible. Recently, a plaintiff won a $5 million lawsuit for ‘painand suffering’ they endured at the ill-fated, 2017 Fyre Festival in the Bahamas. The plaintiffs did not suffer physical injuries, but the jury apparently found that their mental pain and suffering was worth a high level of compensation.
Generally, an accident victim could be eligible for pain and suffering compensation if they have:
- Loss of enjoyment of life
Also, under state law, accident victims can recover compensation for non-economic losses, such as:
- Past and future pain and suffering: Includes any past and future physical pain, mental pain, discomfort, stress and inconvenience.
- Embarrassment and humiliation: For anything that leaves you feeling ashamed of your injuries, including paralysis, burns and amputation.
- Disfigurement: Scars and permanent damage that is caused by the accident or surgery
- Loss of consortium: Spouse of the injured person can receive compensation for loss of companionship and loss of intimate relationship with their partner.
Calculating Pain and Suffering
Calculating pain and suffering is more difficult than economic damages such as lost wages and medical bills because no two accident injuries are the same. A similar injury could affect one person more than another.
The amount of compensation that you can get for pain and suffering depends upon the effectiveness of the evidence that is presented at trial. This includes testimony from medical experts and psychologies, copies of your medical bills, etc. When the judge or jury reviews your case, they will consider the evidence presented as well as your age, the seriousness and type of injury suffered, and how the injury has changed your life. Are you no longer able to enjoy hobbies, socialize and complete daily tasks of living?
Talk to a Personal Injury Attorney To Obtain Damages for Pain and Suffering
Many accident victims will say there is nothing they would not give up to get back to life as it was before the accident. Obtaining compensation for pain and suffering tries to make up for the losses you have suffered in a serious accident.
To ensure that you obtain as much compensation as possible for your pain and suffering, it is important to hire an experienced Virginia personal injury attorney. Shapiro & Appleton have the years of proven experience winning sizable settlements in personal injury lawsuits that you need to get the money you deserve for pain and suffering, such as this $60 million verdict for a man who was seriously injured in a train derailment. Getting substantial compensation for pain and suffering in a personal injury case requires tough, aggressive legal representation, and our record there has been proven. Talk to one of our attorneys today for a free case review.