When another's negligence leads you to suffer injury or the loss of a loved one, you may wonder what legal options are available to you. Many individuals file personal injury lawsuits because they need to recover damages in order to be able to pay their medical bills resulting from their accidents. Others are concerned primarily about the loss of income that their accidents have inspired.
Whatever the primary financial reason that individuals seek in filing personal injury lawsuits, a secondary reason may be to seek compensation for pain and suffering. This is perfectly reasonable. When an accident results in the loss of a loved one, in a debilitating injury or in another substantial loss, it is understandable that individuals wish to seek some justice in the form of pain and suffering damages.
Essentially, pain and suffering awards attempt to place a monetary value on the mental anguish and physical pain caused by whatever entity contributed to the harm one has suffered. It can seem unfeeling to place a monetary value on the pain caused by losing a loved one, losing a limb or suffering permanent brain damage. However, the court system must do so in order to award this kind of damages.
It is worth noting that not every favorable personal injury verdict or settlement will necessarily include pain and suffering damages. In addition, some states have placed caps on the amount of pain and suffering damages one can be awarded. If you have questions about suing for pain and suffering, please consult an experienced personal injury attorney who can explain your options.
Source: Findlaw Injured, "When Can You Sue for Pain and Suffering?" Daniel Taylor, July 18, 2014