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Compensation Available In An Injury Lawsuit

What is Pain and Suffering In An Injury Lawsuit?

Pain and suffering damages refer to the subjective elements of injury lawsuit damages.  Lawyers now call damages for “pain and suffering” non-economic damages to distinguish them from the objective, measurable  economic damages such as medical bills, property repair, wages lost due to time missed and the like lost due to the negligence of the party at fault.

After the plaintiff proves the defendant is liable. The plaintiff must next prove the amount of money that will reasonably compensate plaintiff for the harm. This  is what is meant by “damages” in an accident lawsuit.

The amount of damages must include an award for each item of harm that was caused by the defendant’s conduct. But, the plaintiff does not have to prove the exact amount of damages that will provide reasonable compensation for the harm.  And, the jury has leeway in how much it awards. 

For example if the jury believes that there was too much medical treatment, it could award less than the plaintiff seeks. (Hint: a personal injury lawsuit is not a lottery ticket.  Obtain appropriate medical treatment for your injuries.  See this article for more on maximizing your compensation from an injury lawsuit.)

Here are the elements of common damages:

  • Past and future medical expenses
  • Past and future lost earnings
  • The loss of plaintiff’s ability to provide household services
  • The loss of the value of personal property or its use
  • Past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, grief, anxiety, emotional distress

No fixed standard exists for deciding the amount of damages for the last element, pain and suffering.   The jury must use their judgment to decide a reasonable amount based on the evidence and common sense.   Proving the amount of pain and suffering is key to most injury cases.  To win a personal injury trial it is essential that a lawyer develop and convey a simple, plausible theme to the jury. We explain the law applicable to the case in an interesting manner. 

We use audio/visual aids to show the jury why the defendants should be held liable in light of the law, why compensation is fair and just and how we arrived at the value.  We educate the jury on the nature of injuries, and help the jury quantify the damages in order to maximize our clients’ compensation.  Click here to learn why you should pick our firm instead of another for your accident injury lawsuit.

Top Rated Personal Injury Lawyer representing accident victims and medical malpractice victims in Los Angeles, Beverly Hills, Long Beach, Pasadena, Orange County and Ventura County. Call 800 486 6814 for a free consultation. Main Office: 1875 Century Park East Suite 1770 Los Angeles, CA 90067