June 27, 2011 by admin
An accident can leave you with debilitating injuries, including broken bones, disfigurement and paralysis. What’s more, these physical ailments can take a toll on victims emotionally, leading to depression, post-traumatic stress disorder and other psychological problems. In personal injury cases, this emotional toll is known as pain and suffering. The amount of pain and suffering a victim has experienced as a result from an accident is factored into the amount of damages awarded in a personal injury suit.
The courts consider many factors to determine the amount of pain and suffering incurred by a plaintiff. The following are just a few questions asked to assess pain and suffering:
- How severe are the plaintiff’s injuries
- Did the injuries result in permanent disfigurement, paralysis or amputation?
- How likely is the plaintiff to fully recover from his or her injuries?
- What is the level of pain associated with the plaintiff’s injuries?
- How do the injuries affect the plaintiff’s everyday lifestyle?
- Do the injuries prevent the plaintiff from ever working again?
- Do the injuries prevent the plaintiff from returning to his or her previous job?
- Do the injuries require long-term medical treatment?
- Do the injuries require the plaintiff to take pain medications?
- Did the plaintiff follow the prescribed course of medical treatment?
- Are the plaintiff’s actions are consistent with those of a person who is in pain?
Because pain and suffering is subjective, the amount of compensation will vary from case to case. The courts will look over medical records, testimony from the plaintiff, testimony from the witnesses and more evidence to help make their decision. Keep in mind that some states have limits on the monetary amount plaintiffs can be awarded in a personal injury case. In Arizona, however, there are no limits to the amount of damages accident victims can receive.
If you’ve been injured, the personal injury attorneys at Skousen, Gulbrandsen and Patience can help you determine what could constitute pain and suffering in your case. Consult with us today.