Understanding Pain and Suffering
When you’re in an accident, you may find that some things don’t have a clear-cut compensation rate. Instances of emotional turmoil or physical pain are severe losses that ought to be repaid but do not have a numeric cost value. This is the purpose of the legal term, ‘pain and suffering’ which aims to recover your intangible losses. And while it is essential, it may be difficult to understand, especially in the wake of an accident.
What is ‘Pain and Suffering?’
This phrase is used for one’s resulting physical and emotional stress from an injury. There are two types: physical and mental. ‘Physical pain and suffering’ refers to an individual’s physical injuries and resulting pain. This encompasses this person’s immediate pain following the accident as well as that which is anticipated for their future. ‘Mental pain and suffering’ pertains to one’s emotional or psychiatric stress. It can include anguish, distress, depression, fear, anxiety, shock, and humiliation. This too takes concern for not only the individual’s current state of mind but their expected condition as well.
Calculating Pain and Suffering:
You may wonder how this component is interpreted in terms of compensation. There are no strict guidelines and rules for determining its value. Rather, in most states, judges ask their jury to involve their common sense and experience in figuring its worth. Without a clear way of calculating the compensation rate for one’s pain and suffering, the result is dependent on some nebulous factors. These generally relate to how the jury perceives the plaintiff. Simply put, there are no hard and fast rules to this component of a case. Likewise, there is no guarantee for how much you will be compensated.
‘Pain and Suffering’ strives to repay the invaluable losses you experience from an accident. While some things cannot be fully repaid, such compensation aims to ease the suffering you’ve endured. For more insight and legal counsel in the aftermath of an accident, do not hesitate to call us at Peach and Weathers Law Firm. We are here to help.