What Is Considered Pain and Suffering?
As many of us understand, car accidents can lead to devastating physical injuries that can impact a person’s life indefinitely. What many individuals don’t realize is how difficult it can be to recover from the emotional injuries of an accident.
When it comes to car accident claims, It’s possible you have heard the term “pain and suffering.” Unlike things more easily calculated, such as medical bills and lost wages, these damages (also known as non-economic damages) are used to compensate victims for things such as grief, emotional issues, long-term debilitation, and lost quality of life.
The reality is that every accident is inherently different from the next and each individual recovers from a car accident differently. Therefore, award amounts are determined on a case-by-case basis.
Types of Emotional Injuries
When an individual is injured in an accident, they will most likely seek medical attention and get a bill in the mail. But, how do you put a price on your emotional well-being and lost quality of life?
After recovering from a physical injury, a person may not be able to participate in their favorite lifelong hobbies. It's also possible a person isn't able to continue with the career they had before the accident.
Some injuries that may qualify for emotional damages include:
Pain from the accident and ongoing pain related to physical injuries
Fear, such as developing PTSD
Depression and anxiety
Loss of enjoyment of life
Lost quality of life
Determining Figure Amount
Many different factors must be considered before determining a monetary amount for pain and suffering. Some factors that will influence award amounts will include evidence that shows:
How a victim's injuries impacted their life and other family members
The degree of offensiveness resulting from the defendant's actions
How the victim's injuries impacted their employment
The amount of expense involved with the victim's medical treatment
The seriousness of the victim's accident and injuries
The amount of pain the victim experienced from the accident
No Cap On Damage Awards
While some states set a limit to the amount of compensation an individual may receive for pain and suffering damages, there is no cap for pain and suffering damages in Missouri. This means there is no limit to the amount of compensation an accident victim can be given for pain and suffering; the judge or jury determining your damages will award you the amount that they believe is fair.
Because these damages can be seen as subjective, some courts are wary when it comes to awarding high amounts of non-economic damages in order to protect against invalid claims of emotional damages. Yourpersonal injury attorney will be able to gather evidence related to how your life has been impacted because of the accident and fight for your rights to compensation for what you have endured.
If you’ve been injured in an accident in the Four States Area, turn to the legal advocates at Johnson, Vorhees & Martucci. Our personal injury attorneys will thoroughly review the evidence of your case to determine full damage amounts and fight for your maximum financial recovery.
Contact our firm at (833) 600-0125 to set up your free case review.