Most people have suffered an injury in their life. A broken arm. A sprained ankle. A neck injury from a car accident. A broken nose from a sports game. Minor or major, it’s almost a rite of passage into adulthood. But what about the injuries caused by someone else? Someone else’s negligence? That’s where pain and suffering damages come into play.
There are many types of damages you can claim in a case where foul play, malpractice, or negligence occurred. These injuries can cause either short-term sufferings or life-long permanent consequences. Avoidable injuries caused by someone else can change your normal routine. You may deserve compensation.
If you’d like to know whether your injuries were caused by negligence and are entitled to compensation, please reach out to us. Our team can answer your questions and help you head in the right direction. Call us now.
What Are Pain And Suffering Damages
When it comes to receiving compensation for negligence the more obvious damages come to mind.
- Lost wages
- Present and future medical bills
- Cost of damaged personal property
But there are other damages that can’t be easily calculated. Damages that only a victim can describe. A victim can describe the amount of “pain and suffering” and injury led to; beyond the medical bills and lost wages. The court then decides what dollar amount to tag onto these pain and suffering damages.
Know this: if you’re a victim of medical malpractice and negligence, medical bills and lost wages are not the only compensation you are entitled to. Oftentimes, the result of such malpractice leads to injuries that have affected you in a multitude of ways. Putting a dollar amount on such compensation is tricky. But with the right lawyers by your side, it’s possible to get paid pain and suffering damages.
Types Of Pain And Suffering Damages
Pain and suffering damages are the additional damages a defendant seeks in their claim.
Here are different types of pain and suffering damages you might include in your case, alongside lost wages and medical expenses.
Physical Pain
Perhaps you underwent a necessary surgery but because of negligence, things didn’t go as planned. And instead of a permanent solution to your original ailment, you’re left with a bigger injury. Nerve damage, perhaps? You may be compensated for the additional treatment, and the days you missed work. But what about the physical pain you’re enduring?
Mental Pain
Let’s take that surgery example again. The one that left you with physical pain. Malpractice like this can cause emotional trauma. Trauma that wasn’t a part of your life before. That’s a pain and suffering damage you may be able to claim.
Decreased Quality Of Life
Negligence can cause drastic changes in your life. Perhaps a procedure caused some level of brain damage. And because of that, you can’t engage in activities like you used to. Pain and suffering damages can include a decreased quality of life.
Loss Of Companionship
Sometimes malpractice leaves you in a condition that keeps you from showing affection and care. It can wreak havoc on existing relationships or deprive someone of future companionship.
Grief
The most severe malpractice cases may result in a wrongful death. Extreme sadness that comes from losing a loved one can lead to recovering pain and suffering damages.
Disfigurement
Medical malpractice can have many consequences. Alongside injury, sometimes there’s damage to a person’s physical appearance. Such side effects of malpractice may be filed under these types of damages.
Anger/Anxiety/Shock
A negligent injury can cause psychological issues such as anxiety and shock. Anger that once never existed can also accompany a victim’s life after injury.
Seeking Compensation
When it comes to how much you can sue for pain and suffering, the sky might be the limit. But that doesn’t mean the courts would honor that amount. In fact, some states have a cap on the dollar amount allowed for pain and suffering damages.
It can be difficult for jurors to determine how much a victim should be awarded for pain and suffering. A malpractice attorney can help you receive the most amount of money for your pain and suffering.
Contact the team of Hampton & King to discuss damages that were inflicted on you.