In a personal injury case, you might hear attorneys talk about “pain and suffering damages.” While most people are aware that they can recover certain expenses such as medical costs and automotive repair costs from a defendant, an injured party can also recover pain and suffering damages. In order to get an idea of what pain and suffering damages are, however, it is important to look to what damages are in the first place.
Damages
Generally, when an attorney uses the term damages, he is talking about money that is owed to a person because that person was harmed by another. The typical example of this is the auto accident. In this situation, the driver responsible for the injuries would have to pay for both the auto repair costs and the medical bills of the injured person. In addition to this, the driver might also have to compensate the injured party for any pain or long-term injury resulting from the accident, and might even have to compensate the injured party for lost income. This monetary compensation for loss incurred in an accident is generally what attorneys mean when they talk about damages.
Pain and Suffering
While there are damages that are easy to calculate, such as medical costs, property damage, and lost wages, other types of damages might be harder to pin down. This is generally because there is no fixed dollar amount set to these particular types of damage. This is where the term pain and suffering is generally applied. Types of pain and suffering include, but are not limited to:
- Past and/or future pain and suffering – Any type of physical pain or mental anguish experienced as a result of the accident.
- Loss of enjoyment of life – A loss in ability to do things you normally enjoyed as a result of the injury, and may even include embarrassment or humiliation.
- Disfigurement – Permanent damage caused by the accident, including burns and scarring.
- Psychological distress – Mental stress or psychological conditions caused by the accident, including post-traumatic stress disorder.
Calculating the Cost
While you cannot truly put a price tag on pain and suffering, the following factors are generally considered calculating how much the responsible party might have to pay:
- the severity of the injury;
- the recovery time;
- whether there was permanent or residual injury;
- any disruption to the injured party’s life caused by the injury; and
- emotional trauma.
There are also other considerations that may lower the monetary amount for pain and suffering damages. One major way that a party might be able to reduce the amount of pain and suffering is by arguing that the injured party was at least partially liable for the accident. Pennsylvania applies the modified comparative negligence rule, which means that an injured person’s recovery is reduced by their percentage of responsibility for the accident. Once a person is found to be more than 50 percent responsible for an accident, however, then that person is barred from recovery.
If you have been injured by the negligence of another person, it is imperative that you speak to a legal professional immediately. Contact one of the experienced, dedicated attorneys of Harrell & Nowak for a free, confidential consultation.