You may have heard of court cases where an injured party is seeking damages due to “pain and suffering” from a defendant. But did you know that pain and suffering is a bona fide legal term with a specific and well-defined meaning?
In a court of law, pain and suffering denote a range of both “physical pain” and “mental anguish” a person has incurred as the result of an accident that may have been the fault of another person, business or entity that was negligent in some way.
Furthermore, if a person dies as the result of his or her injuries, the victims of the family may be able to win a judgment for what is called “loss of consortium.”
What kind of damages are included in pain and suffering?
First of all, keep in mind that personal injuries that are caused by someone else’s negligence are more than painful and a threat to one’s overall health. They may also last for days, weeks, or months on end. In some cases, the damages are permanent, said an experienced litigator with Henningsen Injury Attorneys.
Some of the most common and frequently litigated forms of pain and suffering include:
• Back pain
• Neck pain
• Broken or fractured bones
• Traumatic brain injury
• Strained or pulled muscles
• Headaches
• Paralysis
• Dislocated joints
All of the above and more are just some examples of injuries that can last for weeks, months, or even years. In some cases, a victim may have to deal with pain for the rest of his or her life.
What about emotional pain and suffering? This can include:
• Anxiety
• Psychological trauma
• Worry
• Fear
• Grief
• Anger
• Loss of quality of life
• Frustration
• Post-traumatic stress disorder (PTSD)
Just as with a physical injury, emotional pain can endure over long periods of time, if not for a lifetime.
Now let’s briefly discuss loss of consortium – when a loved one dies due to the negligence of another person or party.
When a person dies as the result of a wrongful death caused by the negligence of another party, the surviving family members suffer deep emotional and mental anguish. They may also lose a source of financial stability.
Even worse, the survivors may be saddled with medical bills and many other expenses.
Loss of consortium can include the loss of:
• Companionship
• Care
• Guidance of a parent
• Spousal intimacy
• Love/affection
• Household services
Note that all the lists provided above are not exhaustive and do not include every form of possible physical, emotional, and loss of consortium damages.
How are damage amounts determined in dollars? It’s a difficult question to answer. For example, how does one put a price tag on an injured back, the loss of a limb, or the death of a beloved mother?
As you might expect, our legal system has worked out specific formulas and protocols for determining how much damages are paid by those parties found to be negligent and liable for paying monetary damages. In general, damage amounts are determined in two different ways. They are:
The Multiplier Method
This is when specific damages, such as medical bills and lost pay, are determined to have a specific amount. That amount is multiplied by a factor (usually 1 to 5) that is tied to the severity of the injury. This determines the pain and suffering amount due to a victim.
The Per Diem Method
Per diem is the Latin term for “per day” or “each day.” When this payment calculation is used, a specific dollar amount is determined that is paid to the victim daily until he or she reaches complete or maximum medical recovery. Sometimes people never fully recover from an injury. That’s when the term “maximum” recovery is applied.
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