Thursday 6 August 2015

What is Really Considered “Pain and Suffering”?

Some clients are surprised that they can get monetary compensation for their pain and suffering.

There is no real way to make up for the pain caused by an accident, but the legal system attempts to help compensate you by providing general damages called “pain and suffering.”

This is a legal term that includes all of your mental anguish and physical pain that was caused by the accident.

Pain and suffering damages are completely separate from your medical expenses or, for example, follow-up therapy after your accident.



You have to pay for these services, so there is a quantifiable cost associated with them. Medical expenses and related costs are referred to as “actual damages” or “special damages.”

Examples of Pain and Suffering

Virtually any type of injury could be grounds for a pain and suffering award. However, most injuries must be fairly severe or long lasting to become grounds for pain and suffering damages.

Examples of injuries that might be good candidates for a pain and suffering award include:

  • Aches or pains in the body
  • Emotional trauma or scarring (depression, anxiety, etc.)
  • Permanent or temporary limitations on body movement that inhibit activities or decrease quality of life
  • Potential shortening of life

Take another example: If you were an avid gardener before your accident, but your back pain no longer allows you to engage in this activity, then your lawyer will want to know this information.

Proving Damages for Pain and Suffering

Actual damages are easier to prove because you have a bill—there was a documented cost that you paid and need reimbursed for. However, pain and suffering does not come with such a handy price tag.

That means that the jury or judge has to estimate how much your pain and suffering is worth in monetary terms.

To help the court do that estimation, your attorney will present evidence of your pain and suffering.

There are several ways that he or she could do this, and it is common to use several different methods throughout the course of a trial or negotiation.


Evidence may include:
  • Having you testify about your pain and suffering
  • Having an expert talk about what the average patient would experience if they had injuries that were similar to yours
  • Introducing medical records
  • Providing evidence of psychiatrist visits
  • Showing the types of medication you are (or were) taking
  • Showing photographs of the injury
  • Having friends and family testify about what you told them about your injuries or pain after the accident

Getting Legal Help

Asserting pain and suffering damages on your own can be tricky. You are much more likely to succeed with an experienced Florida personal injury attorney on your side.

Give the Leifer Law Firm a call for a free case evaluation at 561-395-8055. You deserve to be compensated for your pain.

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