Being hurt in an accident can leave you in much physical pain and even take you away from work. It can also result in temporary or permanent disability. However, additional wounds and scars from an accident run much deeper and often last longer.
You have likely heard the term “pain and suffering” regarding accidents and personal injury claims, and lawsuits. To some people, it might seem like a vague, frivolous excuse to seek extra money in a settlement. On the contrary, the courts take pain and suffering very seriously, and it is a crucial component of damages in personal injury claims.
What Is the Definition of Pain and Suffering?
From a legal standpoint, there are two types of pain and suffering:
- Physical pain and suffering. Discomfort and hurt from the actual injuries, such as abrasions, broken bones, or other damages. Pain and suffering can also be related to residual effects of the injuries long after an incident.
- Mental pain and suffering. Mental after-effects of physical injuries include stress, mental anguish, stress, panic, loss of enjoyment of life, inconvenience, and other adverse psychological effects. As with visible wounds and injuries, mental pain and suffering can persist afterward.
Mental pain and suffering varies in degree and kind, affecting victims differently. Severe forms can lead to post-traumatic stress disorder (PTSD), sexual dysfunction, changes in appetite, and mood swings.
Lawyers in Cincinnati who handle personal injury take pain and suffering seriously. The psychological effects can be debilitating and disrupt a person’s otherwise healthy functioning for months or even years.
Pain and suffering can diminish one’s quality of life and rob a person of their interest in hobbies and pastimes. Suppose a road cyclist suffers a back injury from a car wreck. Recovery could mean not being able to exercise for a while, much less train for an upcoming cycling event the victim was looking forward to. Because they now have to cancel their participation in the event, the victim might become depressed or angry. Even if the cyclist does not need mental health care, their suffering warrants compensation.
Not only can pain and suffering affect a person’s general outlook, but it can also damage relationships. Furthermore, pain and suffering can be serious enough to prevent a person from returning to work, even after physical healing is complete. For example, a person with depression brought on by an accident might not be able to function at their job like they used to. They might even be dismissed or demoted. In this case, pain and suffering can cause a loss of income.
How Much Should I Ask for Pain and Suffering?
In the state of Ohio, a person acting as a plaintiff in a personal injury case may ask for pain and suffering damages. Although the award amount is up to a judge or jury hearing the case, your lawyer will consider several factors when calculating how much compensation to ask for. State law caps most amounts to $250,000 or three times the amount of the economic damages, whichever is greater.
No amount of money can make up for or remove the trauma, psychological anguish, and anxiety resulting from an accident. Nevertheless, an accident claim should seek damages for pain and suffering. A qualified attorney in personal injury can help you navigate the legal process of seeking compensation for your injuries. In particular, they will be skilled at understanding the nature and extent of your pain and suffering and can advise you on how much compensation you deserve.