Pain and suffering is a legal term used in personal injury lawsuits, for the physical and/or emotional stress and pain a victim is caused by their injury or illness. It is common for the plaintiff in a personal injury claim to seek compensation for actual money lost that is a result of their injury or illness, as well as for the pain and stress that is associated with both physical and psychological injuries. There are many different factors that go into putting a monetary value on  pain and suffering.

Pain and Suffering

In a civil lawsuit, pain and suffering is divided into two categories: physical pain and suffering, and mental pain and suffering. Physical pain and suffering is actual physical pain and suffering that the victim has to endure because of their injuries. This can include the pain and suffering they have already endured because of the defendant’s negligence, as well as for the negative and detrimental effects that they are likely to suffer because of this in the future. Mental pain and suffering are also a result of the victim’s physical injuries but are often something that comes about as more of a by-product of their physical injuries. When someone goes through serious and often elongated periods of physical pain, this along with the trauma of the event that caused the physical injury, often cause mental conditions such as depression, anxiety, fear, anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, shock, and post traumatic stress disorder (PTSD). Like physical pain and suffering, victims of this may seek monetary compensation for what they have already endured as well as for what they may be likely to endure in the future.  

Compensation for a Personal Injury

There are many different reasons that the victim of a personal injury will seek compensation from the party that caused it. Victims of these kinds of injuries often seek compensation for expenses that are more quantifiable such as, medical expenses, loss of wages, loss of benefits, costs of emergency services, and so on. 

The following are just a few examples of what a personal injury victim might seek compensation for:

– A person who suffers severe injuries, such as broken bones, concussion, paralysis, spinal cord damage, traumatic brain injury, etc., may fall into a deep depression, become habitually angry, develop insomnia, experience a dramatic loss or increase in appetite, etc. These subsidiary conditions are most likely directly related to the accident and the claimant may be entitled to compensation for them. 

– A person who suffers from mild but persistent injuries such as back strain, mild cases of whiplash, mild sprains, superficial scrapes or wounds, etc., may be prevented from walking all but short distances and from doing their normal activities. If they become frustrated, angry, depressed, hopeless, etc. because they are going to miss out on things they had planned for such as going on a vacation they had been planning for a long time or missing being able to participate in a 5k or 10k charity run they had been training for and helping to host, these things may entitle the victim of a personal injury, to compensation from the party whose negligence caused their injury or illness. If you or someone you love has suffered because of a personal injury you may find it helpful to get legal advice from lawyers that are licensed to protect the rights of people in your particular situation.