Many accident or malpractice victims are aware of the terms “pain and suffering” in a legal context, but there is a great deal of confusion around what counts as pain and suffering and what juries can award. What are some of the basics of this type of damage, and how can pain or suffering be calculated?
Damages in a Personal Injury Case
When you are asking for some forms of damages during your personal injury lawsuit, they will be easy to calculate. For example, if you are asking for the jury to grant you damages for your lost wages or medical bills, the precise dollar amount of those can be calculated with relative ease. However, non-economic damages are harder to quantify, which is part of why it’s so important to work with an experienced attorney.
Maryland law asks juries to consider the plaintiff’s damages based on the specific situation, not in broader and more general terms. In other words, instead of considering the fact that someone had three surgeries to recover from an accident, the jury should think about that person’s specific suffering and not the suffering of someone in a hypothetical situation who received the same surgeries. Your pain and suffering damages will be uniquely yours.
The Types of Pain and Suffering
The law will consider two different types of pain and suffering, physical and mental. Physical pain and suffering include the pain associated with the physical injuries that were sustained during the accident. Importantly, it does not just include pain or discomfort in the immediate aftermath of the accident. Instead, it also considers the pain and suffering that might be faced in the future due to your physical injuries.
Mental pain and suffering can touch on a broad variety of mental health challenges and conditions, including anxiety, PTSD, insomnia, depression, shock, loss of enjoyment, fear, and more. Your mental suffering includes any negative emotions that you feel due to your accident.
How Are Pain and Suffering Damages Calculated?
Your attorney at Mobley & Brown, LLP will be able to guide you through the process of calculating pain and suffering. This process is not easy, as there is no one-size-fits-all answer. Some of the things that will be considered when calculating pain and suffering damages include:
- What injuries you experienced
- The severity of your pain
- How long the pain has lasted or will last
- Potential issues that you may face in the future due to the injury or accident
- How the injuries and their impacts have affected your quality of life, including things like your ability to participate in hobbies or sports
- What evidence you have that you have experienced a decreased quality of life, pain, or suffering
- Support from medical providers and other individuals as to your claims
Because every case is unique, working with an experienced attorney can make a big difference in your outcome.
Contact Mobley & Brown, LLP for Help With Your Personal Injury Claim
When you are suffering in the aftermath of an accident, it can be overwhelming to know where to turn. Working with the right attorney can make the claims process easier and make sure that you receive what you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.