When something happens to you due to the negligence of someone else and you are left injured, you can have a lot to deal with. Not only are physical ailments going to cause you pain and limitations, but you can also be contending with pain and suffering on a more emotional level. In some situations, the emotional damage that is caused by an injury can have more long-term effects than physical injury. This is why many personal injury claims that make it to court do involve some level of pain and suffering damages the injured party is seeking.
How much can you get for pain and suffering?
Even though it is a common misconception, there are no hard and fast rules on how much an individual can get for pain and suffering when they sue either a person or an entity for personal injury. Nevertheless, attorneys often use certain figuring methods to determine what to ask for. For example, the attorney may take a "per-diem" approach and ask for a certain dollar amount every day that you were suffering or that you will suffer for the rest of your life.
What actually constitutes pain and suffering in a personal injury claim?
A lot of things can constitute pain and suffering in a personal injury claim. A few examples of reasons you may be able to claim pain and suffering is if an injury has:
- Led to great grief or exasperation due to a severe level of discomfort or pain
- Caused you a great deal of stress due to changes in mobility or physical abilities
- Caused you fear, PTSD, depression, or other emotional repercussions due to the incident
Do people always get awarded pain and suffering with their claim?
Even though it is common for a plaintiff to ask for damages due to pain and suffering, it is never a guaranteed thing. Your chosen personal injury attorney will help you determine if you have good reason to ask for pain and suffering, and they may even include this with your damages if they are not sure if it is something the court will deem as appropriate.
Is there a limit on how much you can get for pain and suffering?
Even though the federal law does not restrict how much a person can get with a personal injury for pain and suffering, there are caps in certain states. This is why you see some plaintiffs that get a great deal of money for pain and suffering but others with similar claims that do not get quite as much; they likely reside in a different state.
For more information, contact a law firm like Franklin L. Jones, Jr.Share