If you get injured, such as in a car accident caused by another driver, you may start by seeking compensation for economic damages. You have to pay medical bills to get emergency treatment, for instance, or you lose wages at work while you’re recovering in the hospital. Many personal injury lawsuits begin because injured parties want to receive compensation for these costs, which they wouldn’t face without the other party’s negligence.
However, your injury also likely caused significant pain and suffering. It could be short-term pain if you have minor injuries, but it could also be long-term. Perhaps you have a spinal cord injury and experience excruciating pain for months as you go through rehab and try to recover. Or, perhaps you’re now going to have back pain for the rest of your life.
As with the other costs, you wouldn’t be facing this issue without someone else’s negligence. You can seek compensation for pain and suffering, which is considered non-economic damage.
But how is this evaluated to determine how much you’re actually owed? With other costs, there are clear records, such as copies of your medical bills or your pay stubs. But how do you determine what the other party should pay for pain and suffering?
Evaluating each unique case
Every case is unique, especially when it comes to pain and suffering. Some questions that can help with the determination include:
- How severe is the pain you’ve experienced?
- What type of impact did it have on your daily life? For instance, you could suffer pain from an injured ankle and have to walk with a limp or on crutches, but that’s much different than severe back pain that leaves you bedridden.
- What was the duration of the pain and suffering? Did you deal with it for a few hours, days, weeks or months? Is it expected to last for the rest of your life?
- Did the pain and suffering have any emotional or psychological impact? For instance, was the pain so severe that it caused PTSD?
- Is there going to be a long-term impact on your future? If you’re now dealing with chronic back pain, for example, does that mean you can never return to work?
You may also want to consider the way your life has changed overall. Have you lost the ability to enjoy hobbies or generally enjoy your life? If you’re a parent, have you lost the ability to play with your children as you used to? Has the pain and suffering affected the intimate relationship you have with your spouse?
As you can see, the answers will vary greatly from one case to the next. It’s crucial to know what legal steps you should take at this time so you can seek appropriate compensation for pain and suffering.
