When calculating compensation in a personal injury claim, courts often consider losses and damages that are both quantifiable and non-quantifiable. Costs like medical treatment and lost wages are finite. We can calculate to the dollar how much the injured party has lost or is due based on medical charges and paychecks. But calculating the value of something like pain and suffering is difficult. Subjective determinations like the value of pain and suffering attempt to land at a dollar amount meant to represent the level of suffering an injured party has endured.
Pain and suffering refers to the physical and mental anguish a party has experienced as a result of an accident.
Physical Pain: Physical pain and discomfort resulting from actual physical injuries are included in any pain and suffering award. In addition, future physical pain or deleterious effects of the defendant's negligence may be included in a pain and suffering award.
Mental and Emotional Pain: Mental pain and anguish resulting from an accident typically are byproducts of a person's injuries. Emotional pain resulting from an accident can manifest in the following ways:
- Emotional Distress
- Loss of Enjoyment (in experiences you may have previously participated)
Mental anguish encompasses any negative emotional byproduct of both the physical pain, recuperative process and trauma endured as a result of the accident in question.
Mental pain can be awarded in personal injury claims, as well, include lifelong trauma, however, most insurance carriers (and jurors) won't be willing to provide compensation to injured parties for said injuries without definitive mental health treatment.
Calculating pain and suffering is never cut and dry in personal injury cases. When injured by another person or entity in an accident (vehicle or otherwise), it is always important to seek the counsel of skilled personal injury attorneys like those at Panio Law Offices in Chicago. While a hard and fast guide for calculating damages for losses like pain and suffering is not set, our attorneys have experience in negotiating damages in these cases based on the scope of prior judgments in Illinois courts. We understand the depth and breadth of injury awards and have experience negotiating the highest awards for our clients.
Call us today at (312) 313-0305. We will be a powerful advocate for you to ensure you receive the compensation you deserve.