What Are Pain and Suffering Damages?
The legal term “pain and suffering damages” refers to compensation for physical and emotional distress that the court awards to an injured party. These general damages are for non-economic losses, making them different from special damages, which are for economic losses or direct financial costs, such as medical bills, lost wages, or car repairs.
The experienced law team at Tomeny | Best could help you get the compensation you deserve.
What Constitutes Pain and Suffering?
Common examples of pain and suffering for which you could receive damages under certain circumstances include physical pain and discomfort, disfigurement, anxiety, depression, loss of enjoyment of life, or inconvenience. However, it could be difficult to win a lawsuit based on inconvenience alone unless it causes significant disruption to your life. Intangible injuries are not easy to quantify, so it may be in your best interest to have an experienced personal injury attorney on your side.
Is Proof of Pain and Suffering Required?
To collect damages for pain and suffering, you must provide evidence that you were injured in the accident. Generally, medical records, witness testimony, and personal accounts could substantiate your claim in court. This proof could also give the judge a basis on which to determine the size of the judgment or settlement you may be eligible to receive.
Can Punitive Damages Also Apply?
You may also have a case for punitive damages after an accident. The court could award punitive damages to an injured party—over and above compensating them for their pain and suffering—to punish a defendant. This may happen if the other party intentionally or maliciously caused your suffering or if their actions were reckless or negligent.
How Does Louisiana Determine Pain and Suffering Damages?
How much money you can receive for pain and suffering in Louisiana depends on the extent of your injuries. While the court does not set a limit, your settlement amount is calculated based on factors such as the severity of your condition, the length of your recovery, how the incident affected your quality of life, and the evidence your attorney presents to support your claim.
Call an Experienced Injury Attorney Today for Help With Understanding Pain and Suffering Damages
If you have suffered an injury and believe you are entitled to pain and suffering damages, contact the compassionate attorneys at Tomeny | Best to learn more. You will appreciate our firm’s aggressive advocacy that delivers real results. Call us today to arrange a free consultation.
