What Is “Pain And Suffering”?
Pain and suffering is a legal term that refers to a variety of injuries that a plaintiff may suffer as a result of an accident. It not only encompasses physical pain, but also emotional and mental injuries such as anxiety, insomnia, depression, and post-traumatic stress. In almost every injury case, the plaintiff should be able to recover some amount even if rather small – and sometimes very large – for pain and suffering damages.
A Life Put On Hold
Pain and grief are very subjective feelings and even if you were to put two people through the same traumatic event, you'd still end up with different results.
For example, imagine two drivers get into a car accident. Both drivers have the same physical injuries, but while one of the drivers is able to return to work, the other develops severe anxiety and finds it impossible to work again - at least not without a significant amount of therapy.
So while the first driver may only need some temporary compensation for their medical bills, the other will have both medical and therapy bills to worry about. Not to mention that since the second one is unable to work, that is just more bills that they will find themselves unable to pay. These added expenses are the result of "mental pain and suffering" and they deserve to be compensated for.
How Do You Put A Price On Pain?
No one said it would be easy. With pain and suffering being subjective and personal, there isn't exactly a price sheet that a judge or jury can refer to. Instead your attorney will suggest a number and judges will often ask a jury to use their best judgement as to how much to award. If the judge attempts to offer anything extra, it is often somewhere between 1-4 times the overall medical bill as pain and suffering damages.
Still, suffering is pretty subjective and so how much is awarded is dependent on the connection they form with the plaintiff. If the plaintiff seem to be perfectly fine or even worse, seems to have a bad attitude may not receive very much. However, if the plaintiff looks to be in genuine pain or is an emotional wreck, they are more likely to be awarded more for their suffering.
This can mean that some lawyers will recommend that their client act more pained than they are in order for a successful case. Even good lawyers often suggest that their client at least avoid being too stoic or bad mannered during the case.
If you or some you love has recently suffered from an accident or another personal injury and you live near the St. Petersburg area, then you should contact the St. Petersburg Lawyer! Whether you’ve seriously suffered or need someone to take responsibility for their negligence, we are dedicated to getting you the financial compensation you deserve. Contact us today for a free case review!.