Central Business District, New York

How Pain & Suffering Work in a Personal Injury Case August 29, 2018

Central Business District, Rochester
How Pain & Suffering Work in a Personal Injury Case, Rochester, New York

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?

Different Types 

personal injury lawyerThe 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. 

Other Announcements, Events and Deals from Vincent J. Criscuolo & Associates
What Is a Scheduled Loss of Use in a Workers' Comp Claim?, Rochester, New York
Work-related injuries sometimes result in permanent injuries to the arms, legs, hands, or feet, limiting your employment prospects and every aspect of your daily life. Putting a doll...read more
3 Ways to Handle a Denied SSDI Claim in New York, Rochester, New York
Millions of U.S. citizens apply for social security disability benefits every year. While most expect approval, only 30% are approved for benefits during the preliminary application ...read more
Scheduling a Workers’ Compensation Hearing? 5 Steps for Getting Ready, Rochester, New York
Many workers’ compensation cases are fairly straightforward, and most claimants can get the benefits they need without a hearing. However, if your employer’s insurer decides to dispu...read more
Why Was Your Disability Claim Denied?, Rochester, New York
Statistically speaking, your claim for Social Security disability benefits is more likely to be denied than accepted. Roughly one-third of all initial applications are approved, whil...read more
The Do’s & Don’ts of Filing an Insurance Claim for a Personal Injury Accident, Rochester, New York
If you were hurt in some kind of preventable accident, you must navigate complicated insurance proceedings. However, before you can recover compensation for the damages, you need to ...read more