Pain and Suffering
What does pain and suffering mean in legal terms? What are the settlements you can expect from such a lawsuit? Are pain and suffering settlements taxable? Find out answers in detail with our guide!
What Is Pain And Suffering?
Pain and suffering are a type of non-economic damage and a concept in tort and personal injury law. It encompasses physical and mental injuries that a victim may suffer due to an accident or injury. Both negligent and intentional torts can qualify for pain and suffering damages.
Physical injuries can include broken limbs, concussions, punctured lungs, or traumatic brain injuries (TBI), while mental injuries may include anxiety, depression, grief, embarrassment, and humiliation. Pain and suffering damages are only granted by the court or factored into a settlement offer if caused by a catastrophic physical injury, such as disability, loss of bodily function, scarring/disfigurement, or death.
Here are 14 examples of pain and suffering that may apply to a personal injury case:
Types of Pain and Suffering
- Physical impairment
- Physical pain
- Disfigurement
- Loss of quality of life
- Loss of enjoyment of life
- Grief
- Depression
- Anger
- Anxiety
- Inconvenience
- Damage to reputation
- Embarrassment, humiliation, or indignity
- Sexual dysfunction
- Loss of companionship
How Do Pain And Suffering Settlements Work?
When someone is injured due to another person’s negligence, the injured party may be entitled to non-financial damages in court for their pain and suffering. This compensation in the form of money can come from a court award or calculated into an offer during settlement negotiations with the responsible party or insurance company. Legal representation, such as a personal injury lawyer, often uses pain and suffering to bolster settlement negotiations.
A lawyer can help ensure the victim receives fair compensation for their pain and suffering. They will consider the total medical expenses, lost wages, and the degree of emotional impact. Insurance coverage may also play a role in determining the amount of compensation you can receive.
Evidence requirements exist to be awarded pain and suffering, which includes documentation of the accident and other relevant records, such as medical bills. It is also essential to demonstrate how the injury has impacted the victim emotionally while emphasizing the severity of their pain and suffering.
Overall, negotiating a pain and suffering settlement can be complex. However, a lawyer can help you navigate this process while ensuring you receive just compensation for your loss and anguish.
What Is The Process To Sue For Pain And Suffering?
Overall, negotiating a pain and suffering settlement can be complex. However, a lawyer can help you navigate this process while ensuring you receive just compensation for your loss and anguish.
- Consult with an attorney: Consult an experienced attorney before proceeding with legal action. An attorney can assess the potential merits of your case and provide legal advice.
- Calculate the damages: When deciding how much damage to seek, it is important to consider medical expenses, lost wages, the ability to continue working in the future, and more. In addition to economic damages, pain and suffering are extra damage that can be awarded in a personal injury lawsuit. However, it is not always added.
- Prepare and file the lawsuit: Once you have determined the damages you seek and consulted with an attorney, you must prepare and file a complaint with the court.
- Serve the other party: Afterwards, serve the complaint and legal documents to the other party.
- Discovery phase: During this phase, both sides of the lawsuit will exchange information and documents. Settlement negotiations: The parties may negotiate if a settlement is not reached during the discovery phase.
- Prepare for trial: A trial may be necessary if no settlement is reached.
- Trial and verdict: The judge or jury will decide on the verdict after hearing the case.
How Is Pain And Suffering Calculated In A Lawsuit?
Calculating pain and suffering in a lawsuit is a subjective process with no official hard and fast rules or guidelines. While medical expenses are the primary factor, attorneys and insurance companies may use “multiplier methods” that don’t consider pain and suffering.
The per diem method may also be used to calculate pain and suffering by assigning a daily dollar amount and multiplying it by the total days.
Lost wages can also substantiate a pain and suffering claim, as insurance adjusters may question the extent of suffering without missed work.
What Is A Fair Settlement For Pain And Suffering?
To determine a fair settlement for pain and suffering, the injury’s severity and duration will be considered, as well as the impact on the victim’s life and the degree of emotional distress suffered.
The victim’s age may also be a factor, with younger victims potentially receiving more significant awards due to the longer-lasting effects of their injuries. Juries are often asked to use their best judgment to determine an amount for pain and suffering damages, as there is no set formula for calculating them.
Remember that some states have instituted damage caps that limit the amount of pain and suffering damages that can be awarded. It’s also worth noting that pain and suffering damages are typically only awarded for mental or emotional pain caused by a physical injury, not emotional damages alone. An experienced personal injury attorney can help you explore your legal options and determine what damages to seek in your case.
How Much Can You Get For Pain And Suffering Claim?
A fair settlement for pain and suffering depends on the injury’s severity and duration, as well as the impact on the victim’s life and the degree of emotional distress suffered.
The injured victim’s age may also be a factor, with younger victims potentially receiving more significant awards due to the longer-lasting effects of their injuries.
Juries are often asked to use their best judgment to determine an amount for pain and suffering damages, as there is no set formula for calculating them.
However, it is crucial to be aware that some states have instituted damage caps that limit the amount of pain and suffering damages that can be awarded.
It’s also worth noting that pain and suffering damages are typically only awarded for mental or emotional pain caused by a physical injury, not emotional damages alone.
An experienced personal injury attorney can help you explore your legal options and determine what damages to seek in your case.
How Long Does A Pain And Suffering Settlement Take?
The time it takes to reach a pain and suffering settlement depends mainly on the case’s unique circumstances. Generally speaking, it could take anywhere from a few months to a few years to settle, depending on the case’s complexity, the amount of evidence and information that must be gathered, the nature of the dispute, and the availability of all parties involved. Complex pain and suffering cases most often take longer to settle.
Are Pain And Suffering Settlements Taxable?
The majority of the time, no pain and suffering settlements or trial awards are not considered taxable income by the IRS. However, the damages being awarded tax-free are only for physical injuries, such as pain and suffering in a car accident case.
However, if the settlement is not for a case involving bodily injuries, such as the case for most harassment claims, the pain and suffering payment portion may be taxable, like would be the case for lost wages. Consulting with a tax professional is essential when considering filing taxes on a pain and suffering settlement.
Can You Get Pain And Suffering From Your Own Insurance?
Yes, you can get money for pain and suffering from your own insurance company, although that is not typically the case for personal injury cases. For example, in car accident claims, only the at-fault driver’s insurance company will typically be held responsible for paying damages, including pain and suffering.
The flip side is that if the other driver is uninsured or underinsured, you may need to file a claim with your own car insurance company.
Policy coverage limits may also restrict how much the damages will cost the defendant for your pain and suffering.
No matter what, you will still need to prove your injuries were caused by the accident.
Can You Sue A Doctor Or Hospital For Pain And Suffering?
Yes, you can sue a doctor or hospital for pain and suffering in a medical malpractice lawsuit. Your doctor or hospital can be liable for paying you pain and suffering if they acted negligently and caused you harm.
What Is Pain And Suffering In Auto Accidents?
Pain and suffering in auto accident claims is a legal term for the non-economic damages of physical pain and emotional distress caused by the defendant in the car accident. The damages are for the negative impact on the quality of life experienced by the injured person after the car accident.
Auto insurance policies typically cover medical bills, lost wages, and property damage in legitimate cases without too much hesitancy by insurance adjustors. However, insurance companies are usually more hesitant to fully compensate victims for their pain and suffering.
That is why it is vital for injured parties should hire a lawyer to negotiate on their behalf to ensure that the best negotiate and receive a fair settlement amount.
The amount of damages money for pain and suffering in a settlement varies depending on the type of pain and suffering damages the plaintiff claims, the severity of the injury, the extent of emotional distress, and other factors which are always unique to each case.
Can You Sue For Emotional Pain And Suffering?
Yes, you can sue for emotional pain and suffering in certain circumstances, such as in cases of personal injury, medical malpractice, or wrongful death. Emotional pain and suffering can include a range of mental and emotional distress, such as anxiety, depression, fear, anger, and humiliation.
To sue for mental pain and suffering, you must demonstrate that the responsible party’s actions caused your emotional distress and severe distress, so you deserve to get paid for your pain and suffering.
It is crucial to your case to hire an experienced and qualified attorney to represent you. They can help you understand your legal options and build a strong case for the emotional anguish, mental pain and suffering you underwent.
What Is Loss of Consortium?
Loss of consortium refers to the non-economic damages of being deprived of the benefits that a familial or intimate relationship offers. Loss of consortium can be awarded in injury suits for losing the ability to have companionship, affection, love, comfort, and sexual intimacy. Pain and suffering can equate to additional money for any type of personal injury claim.
However, it is typically awarded to or for close family members of the victim. For example, a spouse can bring this type of case to compensate them for a lost relationship, as in catastrophic injuries or wrongful death lawsuits.
Although each state has laws that define consortium loss differently, loss of consortium is generally for the loss of care, assistance, affection, society, protection, marital intimacy, or fertility and can be expected to be mentioned by an attorney of the victim’s loved one who suffered a long-term injury or in a wrongful death case.
How Much Compensation Do You Get For A Scar?
The amount of compensation for a scar depends on several factors, such as the severity and location of the scar on the body, how much the scarring is permanent or temporary, and the impact it has on the victim’s overall life and well-being.
Insurance adjusters, their defense attorneys, and juries are more likely to perceive scarring or disfigurement in visible locations, such as the face or hands, as more harmful and deserving of damages to be paid out to the plaintiff.
The age and gender of the plaintiff may also affect the amount of damages recovered.
Due to the variance of the details of the scarring, personal injury attorneys have to work hard to determine how much the scar is worth. So they may use previous verdict searches via online software or hire a doctor as an expert witness to estimate and act as evidence of the cost of removing or repairing the scar to determine the injury’s value.
Victims should help their lawyers by ensuring they gather all of their medical records and document the scar’s permanency. The plaintiff may need to testify about the impact it had on their mobility and how the scar affected their life.
Written by Aaron R. Winston
Last Updated: May 15, 2023 8:44am CDT