If you have been seriously injured due to someone else’s negligent actions, you can hold them responsible by filing a personal injury claim or lawsuit. However, to receive maximum compensation, you must understand your ability to recover both economic and non-economic damages. While you may be familiar with tangible losses, such as medical costs and lost wages, there is also potential to be compensated for pain and suffering. This element can be challenging to calculate, making it important to work with an experienced personal injury lawyer who can help secure the full amount you’re entitled to. Here is what you should know about applying pain and suffering to an injury case.
What Is Pain & Suffering in a Personal Injury Case?
The law recognizes two types of pain and suffering: physical and mental. Physical pain and suffering can be attributed to the pain and discomfort that comes from the injured party’s actual injuries. It also includes the effects they are likely to experience long-term because of the defendant’s careless behavior. Mental pain and suffering refer to the emotional by-product that occurs as a result of the injuries sustained. It includes a wide range of emotions and conditions, like anguish, distress, depression, loss of enjoyment of life, mood swings, anxiety, and post-traumatic stress disorder.
How the Court Calculates Damages
There are vague guidelines as to how judges and juries determine the value of a victim’s pain and suffering. Damages are decided on a case-by-case basis and may depend on a variety of factors. The court will consider the effectiveness of the injured party as a witness, their likeability and credibility, the consistency of their testimony, medical records, their physician’s support, and whether they have a criminal record. A personal injury lawyer can help establish proof as to how much pain and suffering you have endured.
To ensure you’re justly compensated for your injuries, consult a personal injury lawyer from Vincent J. Criscuolo & Associates. The firm has earned an honorable reputation among the residents of Rochester, NY, and has a proven track record of success. They will explore all the legal remedies available and guide you through the process of fighting for the damages you need to recover. Call (585) 232-3240 to schedule a free evaluation with a personal injury lawyer or visit them online to learn more about their background in law.