Pain and Suffering in a Personal Injury Case
Personal Injury Lawyer Minneapolis, MN
When you get into an accident, you may know generally how the routine will go. You want to establish who was negligent in the accident (who the person is who caused the accident), what your injuries are, and what kind of compensation you and your attorney think you should get. When you have everything in place, the insurance company will either accept your claim, deny it, or come back with a number of their own. When thinking about compensation, one type of compensation that most people have heard about is “pain and suffering.” Attorneys know that the pain and suffering you experience from your personal injury accident can be both emotional and physical, ranging from mild to severe. Below, you will find out more information on what pain and suffering is and how compensation is determined for your pain and suffering.
I’ve heard of pain and suffering in personal injury claims, but what is it?
“Pain and suffering” is usually seen in two forms:
- Mental Pain and Suffering
- Physical Pain and Suffering
Mental Pain and Suffering. Mental pain and suffering can be hard to establish, especially because these types of injuries cannot be viewed physically like bruises or cuts. Instead, mental pain and suffering occurs when the victim of a personal injury accident experience emotional or mental distress from the accident. This could happen when a person is in a terrible car accident that leaves them severely injured and leaves the car completely wrecked. Afterward, the person may suffer from:
- Post-Traumatic Stress Disorder
- Loss of Enjoyment of Life
- Mood Swings, and
- Sleep Disturbances
While these are just a few examples of emotional distress, they can range in severity and can leave a person so debilitated they can no longer resume their daily activities.
Physical Pain and Suffering
On the other hand, the victim may have physical pain and suffering. This is likely more obvious than mental pain and suffering and is specifically about the victim’s physical injuries. This can involve compensation for the pain associated with injuries (amputation, broken ribs, etc.) or even the amount of future suffering they might endure.
How does a judge determine the amount for pain and suffering?
Unfortunately, there is a great deal of grey area when it comes to calculating the amount of pain and suffering and there is no one chart that every jury can look to. Instead, a jury must use their good sense. Further, the jury may use different factors to determine this type of compensation. Things that can help determine the value are:
- If the plaintiff appears to be dramatizing or exaggerating the incident or their injuries.
- If the plaintiff’s injuries are corroborated by a medical professional.
- If the plaintiff is credible.
- If the plaintiff’s testimony is consistent with the injuries they have.
Clearly, a great deal goes into what type of compensation the jury believes the victim should have in a personal injury accident. If you have recently been in a personal injury accident and would like to discuss pain and suffering with a trusted personal injury lawyer in Minneapolis, MN, contact Johnston | Martineau, PLLP for a consultation.