In virtually every legal drama on television you can expect to see the attorney for a plaintiff argue that their client has experienced “pain and suffering” due to a personal injury event, and therefore deserves significant financial compensation. In most cases in these shows, the judge ends up awarding the plaintiff millions of dollars in damages, and the characters are able to live happily ever after.
While the “pain and suffering” concept certainly makes for great television, the reality of it can be quite a bit more complicated. Anyone who has experienced a personal injury is going to have experienced pain and suffering. If there was no pain and suffering, there would have been no injury for which to sue. This is why it is important to have an understanding of what “pain and suffering” actually means from a legal standpoint.
One of the most important things to understand about pain and suffering in a legal case is that it is typically used to attempt to quantify the value of what a person lost due to the injury. This is important because while it is easy to quantify hard expenses such as lost hours at work, medical bills, damaged property, and more, it isn’t so easy to determine the value of someone’s short or long term injuries.
When in court, arguing for damages due to pain and suffering is essential to almost every personal injury case. When done successfully, the courts will be able to make an assessment of how life altering the injuries experienced are and make a just determination on how much that should be worth.
To get a better idea of what can be included in pain and suffering, take a look at the following examples:
These are just a few of the many examples of pain and suffering that one may claim due to a personal injury. When arguing for pain and suffering in the court of law, an attorney must be able to show how the issue was caused by the injury and how it is directly impacting the quality of life for the plaintiff. The better this can be done, the stronger the case will be.
Personal injury cases often seem straightforward on the surface, but issues like pain and suffering can make them extraordinarily complex. This is why it is critical to have experienced legal representation fighting on your behalf. Contact the Law Office of Cohen & Jaffe, LLP for an evaluation of your case and to see how we can help you today.