If you were injured due to someone else’s negligence, you have the right to collect money for medical bills and lost wages due to your injury. However, oftentimes you are allowed to also seek compensation for pain and suffering. Pain and suffering is a legal term that describes a very specific type of damage that can be awarded to either physical pain or emotional pain that stemmed from personal injury.
Calculation of pain and suffering damages can be challenging, as they do not come with receipts or quantitative proof of how much is owed. However, expert witnesses and medical records can illustrate the level of pain and suffering you endured and contacting an experienced personal injury attorney can help you understand your rights, and if your case qualifies for pain and suffering compensation.
What is Pain and Suffering?
Pain and suffering is defined as the physical and mental distress suffered after an injury. This can include broken bones and internal damage, but also any pain, aches, permanent or temporary limitations on a person’s activity, shortening of life, depression, embarrassment, and other types of pain and suffering. The dollar amount for damages is highly subjective, however, and take experts to calculate.
It is important to emphasize that pain and suffering can include physical pain and mental suffering. Pennsylvania law puts no upper limit on the amount of money you can collect as a personal injury victim due to someone else’s negligence.
Physical and Emotional Pain and Suffering
The Pennsylvania courts recognize two types of pain and suffering: physical pain and suffering and emotional/mental pain and suffering.
- While you can receive compensation for your medical bills, physical pain and suffering is to compensate a victim for the pain caused by the injury. The negligence of the defendant caused a physical injury that can cause weeks, months, or a lifetime of continued physical pain. Receiving compensation for physical pain can include not only any pain that a victim has suffered to date but also any expected pain and suffering anticipated in the future.
- Mental/Emotional. A victim of a personal injury can face fear, emotional distress, mental anguish, confusion, anger, anxiety, humiliation, mood swings, loss of appetite, sexual dysfunction, sleep disturbances, post-traumatic stress disorder, shock or loss of enjoyment of life. It encompasses any type of negative mental or emotional consequence that is a direct result of the crash or negligence caused by the defendant. These damages, like physical pain and suffering damages, can include any pain and suffering to date and may be reasonably expected in the future.
Let Us Help You Today
If you have been injured in a car crash due to someone else’s negligence, you need to contact a reliable and experienced personal injury attorney to understand your rights, and how your pain and suffering may be calculated in your case. Contact a personal injury attorney, serving clients in Kingston, Wilkes Barre, Hazleton and Pittston, at the O’Donnell Law Offices today at 570-821-5717 or online for a free consultation regarding your pain and suffering case.
Source: O’Donnell Law Offices