In personal injury liability claims, victims are normally entitled to damages for their pain and suffering after an accident caused by a negligent person. But what exactly counts as “pain and suffering” in the courtroom? Continue reading to find out more about personal injury claims or contact one of our Panama City Personal Injury Attorneys today for help filing a liability claim.
WHAT QUALIFIES AS “PAIN AND SUFFERING”?
Pain and suffering can refer to both physical and emotional damages caused by an accident. Victims can seek restitution for their injuries to help pay for medical bills, lost wages, and any other expenses caused by the accident. They can also seek damages for chronic physical pain and chronic mental anguish, both of which could possibly be permanent.
Chronic pain after an accident can last anywhere from days to years. Physical conditions that may qualify for damages include:
- Back and neck pain
- Brain injury
- Nerve damage
- Broken or fractured bones
- Internal organ damage
- Headaches and migraines
- Pulled or sprained muscles
- Dislocated joints
The psychological distress after an accident can also be debilitating. Emotional conditions that may qualify for damages include:
- Post-traumatic stress disorder (PTSD)
- New or worsened anxiety or depression
- Cognitive changes after a brain injury
- Overall decreased quality of life
WHAT IS LOSS OF CONSORTIUM?
In the event of a wrongful death, family members of the victim may seek restitution for the loss of life. This is referred to as loss of consortium in the courtroom. After a sudden wrongful death, family members lose not just their loved one but everything that their loved one provided, both financially and emotionally. A family could seek damages for the victim’s lost wages and medical bills, but they could also seek damages for a loss of companionship, parental guidance, spousal intimacy, and/or household services. Families experiencing grief after a preventable accident may receive special awards to compensate for their mental anguish.
HOW IS “PAIN AND SUFFERING” CALCULATED?
There are generally two different ways that “pain and suffering” damages are calculated in court. The first way is called the multiplier method, which is when expenses like medical bills and lost wages are totaled and then multiplied by a certain number. The number depends on the severity of the injury and is usually between one and five. There’s also the per diem method, where the victim is paid a specific amount each day until they recover to their fullest potential.
If you’re looking to file a personal injury liability claim, you’ll need an experienced lawyer on your side. Reach out to Manuel & Thompson, PA for quality legal counseling with one of our talented attorneys.