Proving pain and suffering in personal injury cases
Proving pain and suffering in personal injury cases
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In personal injury cases, compensatory damage may be requested for pain and suffering. This type of harm refers explicitly to the physical and emotional distress that the affected person experiences as a result of an accident caused by the negligence or intentional misconduct of a third party.
Pain and suffering are essential parts of personal injury claims. In a trial, and according to a Washington University Law Review study, damages for pain and suffering typically represent between 50 and 80 percent of the total compensation the plaintiff receives. Even in cases resolved by settlement, pain and suffering are often a large part of the settlement.
Calculating the damages for pain and suffering can be complex, as this intangible damage cannot be measured as easily as economic damages, such as medical expenses or lost wages.
That is why various factors must be evaluated to calculate them, such as the severity of the injury, its impact on the victim’s quality of life, and the duration and prognosis of said pain and suffering. To make a more precise verification and increase the chances of achieving compensation, it is best to receive specialized legal advice, such as that offered by Kannan Law.
What is considered pain and suffering in personal injuries?
Pain and suffering refers to the emotional distress and possible psychological damage that a victim experiences and can be caused by a wide range of accidents and unfortunate situations, among which we can mention:
- Car accidents
- Slips and falls
- Animal bites
- Work injuries
- Defective products
Pain and suffering can include a variety of immediate and long-lasting physical and emotional symptoms, such as:
- Pain and inflammation: This includes the physical discomfort, agony, and anguish that the victim suffers from the direct injury of the accident, as well as the ongoing and chronic discomfort that remains in the recovery period.
- Dysfunction: This applies in cases in which the accident alters the normal function of some part of the body.
- Depression, anxiety, and post-traumatic stress: linked to mental suffering after suffering some type of personal injury as a result of an accident
- Loss of quality of life: inability to work, impact on daily life and personal relationships.
As the Center for Justice and Democracy at New York Law School explains, the pleasure of life does not lie in money but in the ability to live life fully. Serious injuries can deprive us of this ability, causing pain, suffering, and loss of independence.
These losses can affect our relationships, careers, and daily activities. Because of the pain and suffering they cause, the law may recognize them as “non-economic” losses and may award compensation to assist the victim.
How to prove pain and suffering
In a personal injury case, the plaintiff must present evidence demonstrating the existence, extent, or severity of their pain or suffering.
Some of the tests that you can include to achieve this verification are:
- Medical reports, medication prescriptions, invoices for medical care, or medical studies are performed.
- Testimonials from witnesses (family, friends, doctors)
- Statements from the plaintiff that accurately describe their physical and emotional discomfort.
- The plaintiff can also prove that they have suffered a deterioration in their quality of life as a result of pain and suffering: demonstrate that they are unable to work, that their personal relationships were affected, or that their daily dynamics were altered.
What type of compensation can I get for pain and suffering?
The compensation that a plaintiff can receive for pain and suffering varies. This depends on the severity of their injuries and other factors, such as the duration of their suffering and its impact on their lives.
It is important to note that laws in the US regarding pain and suffering vary from state to state. But, generally speaking, it is possible to seek compensation in personal injury cases where the negligence of the person who caused the injuries is proven.
The compensation that courts in the United States typically award for pain and suffering depends on a series of factors, such as:
- The nature and severity of the injuries.
- The impact of the injuries on the plaintiff’s life.
- The age and health of the plaintiff before the accident.
- The plaintiff’s work history.
In California, the Medical Injury Compensation Reform Act (MICRA) was passed in 1975 and limits damages for medical negligence. Through 2022, MICRA set a limit of $250,000 for compensation for non-economic damages, such as pain and suffering.
But after its modernization starting in January 2023, specifically in medical negligence cases that do not involve the patient’s death, the law establishes a limit on non-economic damages of $350,000. This limit will gradually increase over the next ten years until it reaches $750,000. After that, it will be adjusted annually at 2% for inflation.
Meanwhile, in medical malpractice cases involving the death of a patient, the limit for non-economic damages is $500,000. This limit will gradually increase over the next ten years until it reaches $1 million. After that, it will be adjusted annually at 2% for inflation.
Advice for Pain and Suffering Claimants
If you have suffered personal injuries in an accident or action caused by the negligence of another person, it is important that you consult with a personal injury attorney with experience in the matter to provide you with adequate advice about your rights and legal options.
If you are seeking compensation for pain and suffering, here are some recommendations for presenting your case:
- Document your injuries, pain, and suffering immediately. Save all receipts, medical reports, and other documents related to your injuries.
- Keep a record of your suffering. Write about how your injuries have affected your physical and emotional life.
- Seek witness testimony. Ask family, friends, or doctors to testify about your suffering.
- Hire an experienced attorney. A personal injury attorney can help you gather evidence, present a strong case, and negotiate fair compensation.
With the help of an experienced attorney, you can increase your chances of obtaining fair compensation for your pain and suffering.
Contact a Kannan Law Attorney
It is essential that you consult with a specialized attorney to verify pain and suffering in personal injury cases. The specialist attorneys at Kannan Law are trained to advise you on this request and guide you in gathering the information necessary to support your claims. Contact us now to receive personalized advice and the best guidance from a lawyer in San Diego. At Kannan Law, we are here to serve you.
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