What is ‘Pain and Suffering’ in an Injury Case?
by Michael Helfand
(Ilinois)
When you pursue a personal injury lawsuit, you are asking to be compensated for certain types of losses. Pain and suffering is one category, and it’s fairly subjective. Another category is specific financial loss, such as medical expenses and lost income. This category is easier to prove with medical bills and pay stubs, for example.
Because pain and suffering is subjective, it varies greatly from case to case. The dollar amount put on pain and suffering depends on the individual, the evidence available, testimony, witnesses and the particular judge or jury making the decision.
The amount of pain and suffering awarded in a case also depends on where the case is filed. Cases in urban areas generally result in higher awards than those in rural areas.
In broad terms, “pain and suffering” refers to the lasting effect that an injury has on your life. This could be lasting physical pain or mental and emotional distress.
If your injury is permanent, you may have to face some level of pain for the rest of your life. You may have to give up activities you once enjoyed. If you are disabled, you may suffer emotional pain in terms of embarrassment, grief, fear, etc. If you can no longer work, you may suffer depression and anxiety.
Many cases settle out of court, where pain and suffering is negotiable. If your case goes to trial, the judge or jury gets to decide how much your pain and suffering is worth. It’s difficult to predict what a jury will award for pain and suffering. It can depend on the testimony they hear, as well as their personal opinions about what your suffering is worth.
Personal injury attorneys prove pain and suffering in many ways. They use expert testimony – from a psychologist or doctor perhaps – as well as testimony from family members or friends who can describe your lifestyle and emotional state before and after the injury. Medical reports and other records may be used, as well.
A specific type of compensation is called “loss of consortium.” This is basically the inability to be intimate with your spouse. When putting a value on loss of consortium, a judge or jury will also consider diminished affection, companionship and the ability to take care of your spouse. Witness testimony is used to prove this type of loss as well.
Damages can be confusing, especially pain and suffering. An experienced attorney will be able to assess your case and identify the types of compensation you should seek if you decide to file a lawsuit. If you have questions, contact a personal injury attorney and ask for an initial consultation.
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Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com, the leading resource for Illinois lawyer referrals and legal guidance.
