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Seeking Compensation For Pain And Suffering

When it comes to compensation for personal injuries, people sometimes get confused about the type of compensation they can seek and what kind of costs can be covered. Compensation for pain and suffering can often cause confusion because an injured person may not understand how to show or measure the extent of their pain and express it in a dollar amount. Fortunately, even though pain and suffering cannot be shown in an exact amount, it can be compensable nonetheless, depending on the kind of injury suffered.

Putting A Dollar Amount On Pain And Suffering

Compensation for pain and suffering is referred to as non-economic damages. Non-economic damages are awarded in addition to compensation for lost wages, damaged property and other pecuniary losses that result from a plaintiff’s personal injury. Generally, it is up to a jury to determine how much to award a plaintiff for pain and suffering. There is no set amount that has to be granted, depending on the kind of damages a person suffers. Therefore, person A may have the same injuries as person B, and the amount awarded would differ. However, there are statutory limitations on the amount that may be awarded for pain and suffering unless the plaintiff suffered permanent injuries. In some cases, the limits on pain and suffering are capped based on the amount received in economic damages.

Receiving damages for pain and suffering is largely dependent on the plaintiff’s ability to show evidence of having suffered some pain after the injury. If an injured person can show that his or her injuries following an accident caused them to change his or her daily life as a result of pain, including having to change jobs, or that he or she sought medical treatment to deal with the pain, it is more likely that a jury will award damages for pain and suffering. How long after the accident a person seeks treatment, and how the person describes his condition to others can also impact a jury’s decision to award damages. The length and kind of treatment prescribed can also be a good way to document a person’s pain, and is usually indicated on medical records. If a person does not seek medical attention and tells family, friends, and co-workers that all is well immediately following the accident, and then goes one year with no reported symptoms, it is unlikely that a jury will award pain and suffering.

If an injured person has experienced any psychological problems as a result of the pain experienced, for example suffering from depression, it is important to note this, too. Scheduling a consultation with a qualified medical professional for a diagnosis can help cope with the psychological impact of injury and pain, but it can also serve to show the extent of an injured person’s pain.

Let Us Assist You

If you have been injured as a result of another person’s negligence, you need an experienced personal injury attorney to handle your claim. You may be eligible for compensation for your pain and suffering. Contact Columbus, Ohio personal injury attorney Ed Schottenstein of the Schottenstein Law Offices to schedule a complimentary consultation. We also arrange free valet parking for our clients. Call us TODAY at (614) 467-8474.