What Constitutes ‘Pain and Suffering’ in a Personal Injury Case?
Sure, we’ve all heard the term ‘pain and suffering,’ but are you aware of how this applies to a personal injury case? While most people are familiar with the concept of pain and suffering, many do not realize that it is actually a key component of most personal injury cases. From a legal perspective, pain and suffering may be different than what you think. In fact, the way in which pain and suffering is calculated for the purpose of an injury-related insurance claim or lawsuit can be quite complex. That being said, it is important to note that, in the event you are injured in a car accident or other type of accident, you may be entitled to recover damages for pain and suffering. In order to better understand what types of damages you may be able to recoup for the pain and suffering you have endured, it may be helpful to dive a little deeper into what exactly these types of damages can be. At Atkins & Markoff, it is our intention to help you understand your case in its entirety, ensuring there is no guesswork involved. If you have been injured in any type of accident, we encourage you to contact our Oklahoma personal injury law firm today to find out what types of damages – whether economic or non-economic – you may be able to recover.
What Types of Damages Can I Recover?
In most cases, personal injury damages are grouped into two different types: economic and non-economic damages. Here is a look at each:
- Economic Damages – As you may imagine, economic damages are best described as the items you can put a definite number on. This may include hospital bills, property damages, other medical expenses, and lost wages. In the event you have to see a physical therapist on an ongoing basis after your accident, the bill for these visits will be covered under the category of economic damages.
- Non-Economic Damages – These types of damages can be harder to define and recover, in large part because they are not as concrete as economic damages. Non-economic damages include items such as stress, emotional trauma, loss of enjoyment of life, and pain and suffering. As you may be able to tell, these things are not so easily quantified. This is why you need a knowledgeable personal injury attorney from Atkins & Markoff. Just because non-economic damages do not always come with a certain dollar tag doesn’t make them any less important. In many cases, non-economic damages are more devastating than economic damages.
What is Pain and Suffering?
Now that we’ve gone over the different types of damages that can be recovered in personal injury cases, let’s take a look at how pain and suffering is defined. According to the law, there are two types of pain and suffering: physical pain and suffering and mental pain and suffering. Here is a look at each:
- Physical Pain and Suffering – This is the type of pain that comes along with the plaintiff’s actual physical injuries. It is important to note that it includes not only the pain that the victim has endured as a result of the accident to date, but also the side effects he or she is likely to experience in the future.
- Mental Pain and Suffering – This type of pain and suffering typically stems from the injuries the plaintiff has sustained, but it is more a by-product of the injuries than the actual injuries. Examples of mental pain and suffering include mental anguish, emotional distress, loss of enjoyment of life, fear, anger, anxiety, shock, and humiliation.
To find out more about the types of damages you may be able to recover after being involved in an accident of any kind, contact a personal injury attorney from Atkins & Markoff today. We are here to help you understand your case and ensure that justice is served and that you are adequately compensated for your injuries.