What is pain and suffering? (2024)

What is Pain and Suffering?

Pain and suffering is an element of damages that an injured person seeks from the person causing the injury. Pain and suffering is usually not available in breach of contract cases, disability cases, or property insurance cases.

You know all too well that pain and suffering is part of the aftermath of an injury. Legally, though, "pain and suffering" describes the physical pain and emotional distress a victim endures as a result of a personal injury accident. Emotional distress (also called "mental anguish") can include depression, anxiety, insomnia, irritability, and more. Compensation for pain and suffering is more than money for physical ailments—it also entails mental and emotional pain. It is also above and beyond you actual money damages (like your lost wages, medical bills, etc.).

You may be eligible for compensation for pain and suffering if you have:

  • Grief
  • Worry
  • Insomnia
  • The loss of enjoyment of life

What Kinds of Things Does "Pain and Suffering" Include?

When we say "pain and suffering," we're talking about a variety of ways that an accident can affect your life. Pain and suffering is a type of non-economic loss. Non-economic losses are intangible— and not clearly enumerated.

You can recover pain and suffering damages for:

  • Past and Future Pain and Suffering – This includes any past and future physical pain, mental anguish, discomfort, inconvenience, and stress.
  • Embarrassment and Humiliation – This covers anything caused by the accident that could leave the victim feeling ashamed of their injuries, such as burns, paralysis, and amputation.
  • Loss of Enjoyment of Life – This compensation is for victims who have lost enjoyment of the pleasures of life due to the accident.
  • Disfigurement – This represents any scars or permanent damage caused by an accident or the surgery necessary to treat the car accident injuries.
  • Loss of Consortium— The spouse of an injured victim can receive money for what is known as Loss of Consortium, which means that they've lost companionship and the ability to be close to their husband or wife.

How is pain and suffering compensation calculated?

It's difficult to calculate how much a pain and suffering claim could potentially be worth because no two accidents or injuries are the same—and they can affect each person differently.

The amount of money a person is able to recover for pain and suffering is most dependent on the evidence presented during your case, like testimony from medical experts, copies of medical bills, etc.

When the insurance company or a judge or jury evaluates your case, they consider all evidence along with information such as:

  • Your age
  • The type of injury you suffered
  • And how your injury affects your life—including how it has impacted your ability to socialize, enjoy hobbies, and complete household chores and other everyday activities.

At the end of the day, if you are like most people, there's nothing you wouldn't give to have your old, pre-injury life back again. Unfortunately, we cannot unwind the clock. Compensation for pain and suffering, however, attempts to make up for the many hardships you have to endure.

This is something we consider in every case and in advising you on an acceptable settlement or demand amount, both before and during litigation.

We hope this helps you understand how these damages are considered in your case. If you have any questions, please give us a call at 985-240-9773.

What is pain and suffering? (2024)

FAQs

How do you explain pain and suffering? ›

Pain and suffering refers to the physical discomfort and emotional distress that are compensable as noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury.

What is the statement of pain and suffering? ›

“Pain and suffering” is a phrase that refers to the intangible mental losses you suffer because of your accidental injury. These losses don't come with a specific price tag.

Is there a limit to pain and suffering? ›

How much Can You Sue for Pain and Suffering? In general, there is no limit to the amount you can sue for these damages. However, some states have damage limit caps on these damages.

What does pain and suffering lead to? ›

Emotional pain and suffering after an accident may also result in severe mental and psychological distress and could last days or years.

What are some examples of pain and suffering? ›

What Is Pain and Suffering?
  • Negligence (such as from a car accident or slip and fall case)
  • Fraud (such as identity theft)
  • Intentional infliction of emotional distress.
  • Assault and battery.
  • Wrongful death.
  • Medical malpractice.
  • Product liability.
Oct 17, 2022

What are 4 things that cause suffering and pain? ›

13 Examples of Pain and Suffering
  • Physical Impairment. Physical impairments are one of the most obvious and straightforward reasons for filing a personal injury lawsuit. ...
  • Physical Pain. ...
  • Disfigurement. ...
  • Loss of Quality of Life. ...
  • Loss of Enjoyment of Life. ...
  • Grief. ...
  • Depression. ...
  • Anger.
Jul 1, 2022

What did Jesus say about pain and suffering? ›

Jesus told us pain and suffering would be a part of our lives. I love that Jesus doesn't simply say we'll have trials and sorrow and then leaves it to us to figure out. Instead, he promises peace and reminds us that he has overcome the world, meaning our hardships aren't without purpose.

What are the four types of suffering? ›

Qualifiers, such as physical, mental, emotional, and psychological, are often used to refer to certain types of pain or suffering.

How do you prove emotional suffering? ›

Gather Witness Testimonies. Witnesses can corroborate your story in support of your emotional distress claim. For example, friends, family members, coworkers, or bystanders can provide valuable testimony. Their accounts can lend credibility to your claim and strengthen your case in court.

How much is emotional damage worth? ›

Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...

How do you calculate settlement amount? ›

To determine a potential settlement value, they first combine the total of medical expenses to date, projected future medical expenses, lost wages to date and projected future lost income. The resulting sum is then multiplied by the pain and suffering multiplier value to produce a projected settlement amount.

What are emotional distress damages? ›

What are Emotional Distress Damages? Emotional distress damages are designed to compensate you for the psychological impact your injury has had on your daily life. The list of manifestations of emotional distress is long and varied. Sleep loss, anxiety, fear—these all fall under the umbrella of emotional distress.

Is pain and suffering a real thing? ›

There are many different types of pain and suffering. For instance, if you become paralyzed as a result of a car accident, you could experience neuropathic pain, which is a type of physical pain and suffering. You could also experience depression and grief due to your paralysis and the resulting impact on your life.

How do you write a pain and suffering letter? ›

Describe all your injuries, both physical and emotional, and all the treatments you've received. And don't be shy. Emphasize your pain, the length and difficulty of your recovery, and any negative effects your injuries have had on your daily life (such as "pain and suffering," and your "emotional distress").

What are the four examples of suffering? ›

four sufferings [四苦] ( shi-ku): The four universal sufferings: birth, aging, sickness, and death. Various sutras describe Shakyamuni's quest for enlightenment as motivated by a desire to find a solution to these four sufferings.

What are the 5 types of suffering? ›

The five Sorrowful mysteries are the five kinds of suffering which Jesus endured for the love of us, which He wants us to be ready to endure for the love of him: Mental or emotional suffering; Bodily suffering; Humiliations; Bodily exhaustion; and Death.

What is the deep definition of suffering? ›

suffering has a resonance that relates to our. sense of life's meaning and the threat suffering poses to our hopes of happiness. It does not refer just to maladies, pains, and difficulties with which we can and should cope. It involves crises and threats that constitute a degradation or alienation of our being.

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