Suing for Pain and Suffering

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Most Common Personal Injury Law Issues:

What are Pain and Suffering Damages?

Pain and suffering damages are a type of legal remedy issued in connection with many personal injury claims. They are intended to reimburse the victim for losses connected with their injury. The term “pain and suffering” is somewhat broad and can be difficult to define.  It may include:

Proving pain and suffering sometimes requires the testimony of an expert medical witness or a psychological expert. The laws governing pain and suffering damages may vary according to jurisdiction.

When are Pain and Suffering Damages Awarded?

Generally speaking, the more that the pain and suffering is related to the injury, the better the chances are that the plaintiff will recover damages.  In some cases, pain and suffering damages are included in the overall calculation of general damages issued to the victim. In other cases, pain and suffering may be included in “compensatory damages” to compensate for the victim’s losses (such as medical expenses or lost wages).

Pain and suffering damages generally need to be real and not imaginary, especially for damage awards that cover the emotional “suffering” aspect. Pain or suffering leading to additional physical injury is more likely to result in a damages award.

Also, many states impose limits on damages for pain and suffering claims.

What are Some Guidelines When Suing for Pain and Suffering?

When filing a lawsuit that involves pain and suffering damages, you may wish to follow these guidelines:

Do I Need a Lawyer for Help When Suing for Pain and Suffering?

Pain and suffering damages are only issued under very specific circumstances.  It is in your best interest to hire lawyer if you need help filing a lawsuit for any personal injury matters. Your attorney can represent you in court and can provide the legal expertise needed when proving damages. Also, your attorney can assist you in the event that you need to file any motions regarding your damages award.

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Last Modified: 08-26-2013 04:08 PM PDT

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