Pain and Suffering Settlement Examples
If you were injured due to someone else’s negligence, you may be able to receive compensation for medical bills and lost wages. However, you may also be able to receive compensation for your pain and suffering in certain circumstances. While you may have heard of the term “pain and suffering,” you may not realize how substantial this claim can be in a personal injury case. The following is a brief overview of how you may receive monetary recovery for your pain and suffering caused by someone else’s negligence.
Types of Pain and Suffering
Pain and suffering is a legal term and refers to either the physical pain or the emotional/mental pain that a victim suffers after an injury or accident. For physical pain and suffering, a victim would need to provide evidence of the medical condition along with any additional medical complications that have resulted after the initial injury. Diagnostic testing, medical bills, and journals of the victim’s pain and suffering can help a jury to understand how it has impacted their lives.
Emotional pain and mental pain and suffering can include the loss of enjoyment of life and family, depression, anxiety, and even post-traumatic stress disorder (PTSD) following an accident or injury. If a victim is no longer able to participate in his or her usual daily activities or enjoy life with family or friends, the judge or jury may award compensation for emotional pain and suffering to the victim.
Pain and Suffering Settlements
Pain and suffering settlements are by nature subjective, and there is never an exact amount you will receive. Many factors will be included in the decision of a judge or jury to award compensation regarding pain and suffering including the following:
- Does the victim appear to be a likable, credible, and a good person?
- Are the statements made by the victim regarding the injuries, pain and suffering, and accident consistent throughout the trial?
- Is there any indication that the victim is lying or exaggerating about their injuries or their pain and suffering?
- Are there medical experts that agree with the victim regarding the extent of their injuries and how much pain and suffering are typically experienced for those injuries?
- Has the victim lied about anything during the trial, not just facts related to the injury?
- Does the victim’s pain and suffering request for compensation seem reasonable?
- Does the victim have a criminal record of any kind?
Contact an Experienced Personal Injury Attorney
Attempting to receive compensation for your pain and suffering after an accident can be a challenging and extremely difficult endeavor. Pain and suffering is subjective and oftentimes is legally complex to present to a judge or jury. Your insurance company has likely offered you a settlement that does not include the extent of your pain and suffering. If you were injured due to someone else’s negligence, and have injuries that include pain and suffering, contact an experienced Columbia personal injury attorney at The Stanley Law Group at 803-799-4700 and set up a consultation today to discuss your case.