When an individual is injured due to another person’s negligence they are rightfully entitled to recover damages. Injured individuals may face both physical and mental trauma that negatively impacts and alters their life. Lawfully, individuals can file a claim against a negligent party to recover economic and non-economic damages for their losses. If you have been injured due to another person’s negligence, contact a qualified Leonardtown Personal Injury Lawyer who can help you recover reasonable non-economic damages for your pain and suffering.
What are the different types of pain and suffering?
When an individual is injured they may recover economic and non-economic damages. In the context of a personal injury lawsuit pain and suffering refers to the physical and mental trauma an individual has endured due to someone else’s negligence. This falls under non-economic damages. There are two different types of pain and suffering:
The first type of pain and suffering is physical. This type of pain and suffering refers to the physical pain an individual faces due to their injuries. Individuals may be faced with injuries that have detrimental effects. This means they will have long-term damages and suffer in the future due to these injuries. Victims are entitled to recover monetary compensation for their physical pain.
The second type of pain and suffering is mental. This type of pain and suffering refers to the mental pain an individual suffers due to their injuries. The mental pain an individual may experience includes emotional distress, mental anguish, anxiety, humiliation, loss of enjoyment of life, loss of consortium, loss of society and companionship, loss of enjoyment in usual activities, disfigurement, post-traumatic stress disorder (PTSD), sleep issues, and depression. Ultimately, this type refers to the emotional trauma a victim suffers due to another person’s reckless negligence. Mental pain can also have long-term detrimental effects. Furthermore, victims are also entitled to recover monetary compensation for their mental pain.
How is this type of non-economic damage calculated?
The court and jury take several factors into account when determining the monetary value victims are owed in non-economic damages for their pain and suffering. It is fully up to the court and jurors to decide after listening to both sides of the case to calculate what is owed due to pain and suffering. The following are taken into consideration:
- The extent, type, and severity of the injuries
- The credibility of the victim
- The consistency of the victim’s testimony
- The medical professional’s testament that supports the victim’s claims
- The future problems a victim may suffer in the future due to their injuries
- Whether or not the victim has a criminal record
- If the diagnosis makes sense in terms of the injury
- Whether or not the victim acts in good or bad faith during litigation
All of the above will be taken into consideration when determining a reasonable amount to cover a victim’s losses.
If you or someone you love has been injured due to someone else’s negligence and suffered both physical and mental pain and suffering, reach out to one of our determined and skilled team members. Our firm is committed to helping our clients recover economic and non-economic damages for their losses.