What Constitutes Pain and Suffering?
When you’re hurt in a car, truck, or motorcycle accident caused by the negligence of another person, you have the right to seek full and fair compensation for all your losses. Some of those damages, generally referred to as “economic damages,” are easy to identify and calculate—lost wages and income or unreimbursed medical expenses, for example. Other so-called “non-economic” damages are less tangible and more difficult to determine. These include pain and suffering, loss of companionship or consortium, or the inability to do things you were able to do before the accident. In this blog, we’ll look at compensation for “pain and suffering”—what it is and how courts compute it.
What Is Pain and Suffering?
“Pain and suffering” generally falls into two categories—physical pain and suffering, and mental pain and suffering (also referred to as “mental anguish”). Physical pain and suffering refers to any biological discomfort or pain resulting from physical injuries sustained in an accident, including past and anticipated physical discomfort.
Mental pain or anguish is any suffering caused by the physical injury:
- depression tied to loss of enjoyment of life or loss of consortium or companionship;
- anxiety or fear of similar situations (for example, fear of getting in a car again after you’re hurt in a motor vehicle accident);
- self-consciousness, humiliation, self-deprecation, or other negative feelings or emotions because of permanent scarring or disfigurement, amputation, or other permanent injuries; and
- loss of appetite, mood swings, loss of energy, or changes in sleep patterns caused by the accident.
Contact the Law Office of Howard D. Popper
At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.