What exactly is Pain and Suffering?

When it comes to personal injury cases, pain and suffering is generally a key component. Many people have heard the term but are unsure exactly what it means. There are two different kinds of pain and suffering. One is physical pain and suffering and the other is mental pain and suffering.

Physical pain and suffering has to do with the plaintiff’s physical injuries. This also includes the negative effects they will likely suffer later on because of the defendant’s negligence.

Mental pain and suffering has to do with things like emotional distress, fear, humiliation, mental anguish and more. Mental pain and suffering is essentially any negative emotion the plaintiff experiences as a result of the accident.

With pain and suffering being explained above, let’s take a look at an example of how someone may experience pain and suffering.

For example, if someone was injured in a vehicle accident where they broke both of their legs, they would likely have to take a leave from their job. Because of the accident, they become angry and even depressed. They may also have difficulty sleeping as well as a loss of appetite due to all the changes they are experiencing. Because of all of these issues, they may be referred to a therapist. Since these issues are a result of the accident that the plaintiff was involved in, they are likely entitled to some compensation for pain and suffering.

That is just one example among many more cases in which a victim would be entitled to pain and suffering compensation. The judge will take many other things into consideration when determining whether or not the plaintiff will get compensation. Some things include, determining if the plaintiff is exaggerating their injuries, looking into the plaintiff’s previous record, whether or not the plaintiff is truthful on the stand and more.

To find out more about pain and suffering, contact one of our attorneys at Lipschutz and Friedman. One of our professionals will be happy talk with you.