Personal Injury: Pain And Suffering Explained

12 June 2015
 Categories: Law, Blog


If you or a loved one has been injured, you may have heard pain and suffering referred to a number of times during the legal process. While the term may be ambiguous, there is a common legal term which encompasses payment for physical and emotional suffering, as well as short-term and long-term consequences of the injury. Below are further explanations of the above mentioned definition and how they may apply to your case.

Physical Pain

While the personal injury settlement your lawyer is negotiating probably includes expected medical and rehabilitative expenses, those are simply economic in nature and have nothing to do with the actual pain and limitations you're dealing with.

Compensation for physical pain can be difficult to determine case-by-case, so there are two common methods that can be applied – multiplier and per diem. These methods vary in their calculations, but the overall basis of each is how the injury has affected you overall. These methods can be used to calculate emotional pain as well, to a certain extent.

Emotional Pain

Personal injury can take a toll on the individual, especially if the injury has altered their life, either temporarily or permanently. While physical pain is a large part of the pain and suffering settlement, emotional pain is considered as well. Emotional effects, such as depression, anxiety, and even PTSD, can be factored into the overall total settlement you'll receive. If you or a loved one has been injured, it's important that you be compensated for all aspects of the injury you received which is why emotional pain is considered.

Short-Term and Long-Term Consequences

Pain and suffering is a general payment for all non-economic consequences of an injury. This can be quality of life, life span, and other such things that have no economic value.

When you're injured, you may deal with a number of short-term and long-term consequences that can affect how you live your life. If, for example, the injury has affected your ability to bear children, this is considered a long-term consequence of the injury and may be factored into the pain and suffering compensation you receive.

When you or a loved one's been injured, there are a number of ways you'll experience the injury. These can include physically and emotionally, as well as short-term and long-term. Working with a personal injury attorney, you can get the compensation you deserve for all aspects of your injury. 

To learn more, contact a personal injury firm like Campbell Law Group PLLC