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Clients often ask us what the rules are surrounding pain and suffering, and today we thought it would be a good time to dive into this topic. The majority of personal injury cases lend themselves to physical injuries and monetary losses associated with some type of accident, leaving pain and suffering by the wayside. However, pain and suffering is an important part of many different types of personal injury cases that people should be awarded damages for. We often see pain and suffering introduced in wrongful death lawsuits, as loved ones are left behind with emotional scars, as well as monetary losses. When you sue for pain and suffering, you are putting a monetary value on any distress associated with your personal injury case. This applies to past, present, and future issues that you are seeking compensation for.
Unfortunately, there is no cut-and-dry rule when it comes to suing for pain and suffering. In most cases, the plaintiff is awarded pain and suffering damages when he or she experienced extreme physical injury, which resulted in both physical and mental pain for any given period of time following the accident. So, if you sustained an injury and then experienced physical or mental anguish for a period of time, you may be able to sue for pain and suffering. This could be anything from persistent headaches after a car accident or chronic leg pain after a ladder fall.
Understanding Pain and Suffering
The majority of pain and suffering cases we see stem from a severe physical injury that results in long-lasting physical or mental discomfort. We listed a couple examples of this above, but other common injury scenarios include:
● Nerve or joint pain, headaches from whiplash
● Emotional pain from a traumatic accident
● Nerve damage from a surgical procedure
● Grief over the loss of a family member or loved one
There are no exact rules when it comes to seeking damages for pain and suffering, but juries will usually consider the following:
● How severe the injury was
● The age of the victim
● The level of suffering
Pain and suffering damages can also be awarded for mental anguish, but these cases are more difficult to prove. If you experienced fear, anxiety, grief, depression, shame, or some other emotion following a serious accident, we encourage you to contact our personal injury lawyers so we can advise you on how to proceed. Depending on the circumstances surrounding the case, damages may only be awarded for mental suffering if the defendant’s actions were extreme and outlandish. If you would like to learn more about seeking damages for pain and suffering, please contact our Dallas personal injury law firm today. Our attorneys are here to answer any questions you may have and help you determine if you are eligible to sue for pain and suffering.
