Pain and Suffering
Posted on behalf of Gordon & Partners on May 31, 2013 in Personal Injury
Pain and suffering is one of the many unseen personal injuries that victims of a traumatic accident or incident may suffer from. Pain and suffering is legally defined as the physical and mental anguish suffered from an injury. The injury may be physical but could cause permanent damage if it affects their everyday activities. Mentally a person could suffer from depression or embarrassment due to the injury as well.
Often considered “general damage” in a claim, pain and suffering may also fall into compensatory, non-economic damages. Generally when a person suffers from a traumatic injury they may lose wages or sustain property damage which may be deemed economic damages, but pain and suffering does not necessary fall into monetary loss damages.
If you or a loved one has been injured in an accident caused by a negligent individual or party, the victim may be entitled to compensation for their pain and suffering. An experienced personal injury lawyer can help you determine if you may be eligible to make a claim.
For a free, no-obligation evaluation of your case fill out the ‘FREE CASE REVIEW’ form – it’s completely confidential.
Causes of Pain and Suffering
As this type of damage covers both physical and mental trauma there are many reasons why a person could endure pain and suffering. The injuries a person may sustain can be temporary or permanent which could help determine how much compensation they may be entitled to.
Some common causes of pain and suffering include:
- Airplane Crashes
- Car Accidents
- Dangerous Drugs & Medical Devices
- Workplace Accidents
- Truck Collisions
- Workplace Violence
- Nursing Home Abuse
- Medical Malpractice
- Defective Products
Furthermore, the injuries in which pain and suffering is a common aftereffect includes:
- Loss of Limb
- Facial Injuries
- Loss of Eyesight
- Hearing Loss
- Broken Jaw
- Post-Traumatic Stress Disorder (PTSD)
- Wrongful Death
Many of the physical injuries an individual can suffer from could lead to psychological injuries as well such as anxiety and PTSD which can affect a person for the rest of their life.
How is Pain and Suffering Determined?
Just as with many other claims, an expert in the field of this injury can assist the judge in understanding the extent of the treatment needed for the injury. An expert may be brought forward for physical injuries or mental damages.
Testimonials from other witnesses may be used to determine how the injury has caused further harm to the victim such as made them be more withdrawn from social events or loss of interest in leaving their home.
Expert and witness testimonies can help demonstrate just how much pain and suffering the victim has endured on account of their physical or psychological injuries.
How Compensation is Determined
Depending on the state, county, and even injury, the amount of compensation a person may receive for pain and suffering can vary. For example, medical malpractice pain and suffering claims may reach up to $1 million from each physician for non-emergencies, however for emergency room cases the cap is $150,000 per physician.
Most commonly compensation is determined by the following factors:
- Severity & duration of the injury
- Type of injury
- Current effects of the injury on your enjoyment of life
- Potential effects of the injury in the future
- Evidence and/or expert witness testimony
Those who have lost a loved one may also be eligible for pain and suffering compensation particular if the decedent was the spouse, parent, or child of the claimant.
Contact our Pain & Suffering Lawyer Today
According to a 2009 National Hospital Ambulatory Survey more than 136 million persons visited the emergency room and the case was usually some type of sustained injury. Many individuals do not realize the extent of their injuries and unfortunately some will experience pain and suffering.
At Gordon & Partners we sympathize with how debilitating a physical or mental injury can be and believe that the party who caused your or your loved ones’ injuries should be held responsible for their actions. With more than 180 years of combined legal experience, our personal injury attorneys can help guide you through the entire litigation process.
We have offices located throughout three counties in South Florida and are proud to serve the following areas:
- Palm Beach Gardens
- West Palm Beach
- Ft. Lauderdale
- Delray Beach
…and many more local towns and cities. To find out how we may be able to help you with your personal injury claim, contact us at 1 (855) 722-2552. Our dedicated intake staff members will connect you with one of our lawyers best suited in handling your claim after a few initial questions.
We may also be reached online, simply fill out the ‘FREE CASE REVIEW’ form and we will review your claim right away.