Updated on April 19th, 2023
Brad Nakase, Attorney
Damage for pain and suffering is money compensation that the court order for the plaintiff in a personal injury lawsuit. They may be for visible or psychological distress as a result of harm, sickness, or destruction. These awards are different from compensatory awards, which financially restitute the complainant. They aim to help the complainant handle the pain resulting from the actions of the defendant.
Examples of pain and suffering
The jury may give damages for pain and suffering for different kinds of harm. The jury would have to find the relationship between the defendant’s action and the injuries on the complainant if the defendant’s actions inflicted suffering on the plaintiff.
Instances that will commonly call for an award of damages include:
- Emotional shock, in addition to post-traumatic-stress-disorder (PTSD) and stress
- Bodily harm and its long-term impacts
- Grieving the death of a dear one
- Limiting personal abilities
- Possibility of shortening a life
Pain and suffering litigation can also award Phantom pain. This happens in cases where a patient still feels pain and uneasiness as a result of surgical excisions.
If the actions of the defendant led the complainant to suffer phantom pain, they might incur extra costs for rehabilitation, medication, and other medical fees that come with the amputation.
When can I receive an award for pain and suffering?
If you get an injury and feel any kind of ache and agony, you may receive damages by immediately filing for it in your first litigation. Immediately you detect visible or psychological stress, discuss with your lawyer to act quickly. Some pain and suffering happen in the future, but a complainant may still qualify for damages. This occurs when filing is within the restrictions of the law. The jury will consider these factors before giving damages:
- Exhibit supporting the claims of the complainant
- The kind of injury, time, and the intensity of pain
- Previous condition of the complainant
- The impact of the injury preventing the complainant from being happy in life
- Future challenges that may pop up concerning the harm
What Amount can I get from pain and suffering, and what are the limits?
Federal regulation and the Constitution have no caps on pain and suffering awards. However, California caps damages in some way. For instance, California caps damages to 3 times the value of the specific awards. Others may limit the damages between $250,000 and $875,000. Depending on the regulations in California, your lawyer will inform you of what award you may receive.
What is proof of pain and suffering?
An individual’s pain and suffering can be personal and challenging to determine. In these instances, medical professionals become witnesses, while the jury considers other factors in its determination, such as:
- The degree of the harm, including medical analysis and projection;
- The duration of the presentation of the symptoms;
- Physical or psychological handicapping in the daily routine of the complainant (e.g., job, education, daily activities) and
- Narratives of other people with the same harm, and the degree of their pain and anguish
What Are Pain and Suffering settlements, and Can They have contention?
Personal injury settlements are affordable way to avoid the courts, where both sides come to a collective understanding. In addition to being an arguable topic, pain and suffering are difficult to quantify. Many cases may have a solution before they get to the magistrate.
Because this kind of settlement is binding by law, and there cannot be any disputes. If new information that can alter the legal determination and standing the arrangement emerges, the parties may agree to a new settlement. If they cannot agree, it may need a court presentation.
Since this type of settlement is usually legally binding, it cannot have disputes unless new facts emerge that could change the case’s legal analysis and standing. If both parties can agree on further modifications, they may be able to alter the settlement. If there is no agreement, it may need to go to court.
Is a lawyer necessary?
Personal injury litigation entailing pain and suffering awards can emotionally drain and hard to demonstrate, especially without a lawyer. Brad Nakase can create your lawsuit, get adept witnesses, and fight for your interests in the jury.
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