In the legal sense, the term “pain and suffering” includes all the physical harm and emotional distress suffered by the person in the event of a personal injury. It could be tricky to understand what would count under the head of “pain and suffering,” as it may seem a bit straightforward if it were to be understood by the commoner.
The Palmdale Lancaster personal injury lawyers have a keen knowledge of how the cases would classify under this head. The title of “pain and suffering” in a case involving personal injury includes:
Physical pain and damage:
The physical damage and pain arising out of the injury constitute the pain suffered by the victim. Physical pain can be either minor injuries to major ones. It includes stitches, cuts, bumps, and bruises all the way to organ failure, nerve damage, troubles with the spinal cord, amputations, dislocations, fractures, and paralysis. All of which needs to be determined by medical professionals with valid proof for the same.
The damage could be chronic, leading to prolonged suffering and trauma, hampering further career prospects. In such cases, the victim is liable to receive compensation.
Emotional and mental pain and suffering:
Even after recovering from the tragic incident, the mental trauma and emotional baggage are nearly impossible to erase. Physical scars and wounds may heal, but mental traumas and distress are lifelong.
The emotional and mental pain would include Post Traumatic Stress Disorder (PTSD), psychological traumas and episodes, depression, eating disorders, cognitive disabilities due to the trauma hit to the nervous system, insomnia, grief, anger, etc., to name a few.
The individual usually suffers emotional suffering after the physical damage is recovered. However, the latter has more severe consequences than the former.
Loss of consortium:
At times the personal injury case involves the individual’s death, leaving the family with medical bills and no income source if at all the deceased was the only breadwinner. In this case, a loss of consortium may be paid to the dead family for the loss and suffering experienced by them.
Examples of loss of consortium would include love and affection, intimacy, parental guidance, care, etc.
If you are unsure about whether your injury falls under personal injury or not, consult a personal injury lawyer. The lawyer can assist you with all the details, including your average claim, documents needed, and more.
