Can you sue for pain and suffering? Generally, the answer is “yes,” with certain qualifiers. In many situations, pain and suffering damages are an integral part of a personal injury case. Of course, if you aren’t suffering from an injury, then there isn’t a personal injury case to begin with.
Many people know that they can pursue a financial settlement or jury award through a personal injury case in order to recover losses such as vehicle damage and medical bills. However, in many cases, a plaintiff can also claim damages for pain and suffering. In these cases, a monetary value is placed on past and future physical and mental pain suffered by the plaintiff.
Here’s a quick guide on pain and suffering and the process of suing for damages.
What is Pain and Suffering?
Pain and suffering is a legal term used to describe a specific type of damage that may be awarded to someone. The compensation is intended to cover physical, mental, or emotional pain stemming from a personal injury. Generally speaking, someone seeking pain and suffering damages must have suffered an injury through no fault of their own.
In simple terms, pain and suffering refers to the physical and emotional distress suffered as a result of an injury, including, but not limited to:
- Pains and aches
- Damage to internal organs
- Broken bones
- Limitations of activity
- Reduced life expectancy
Calculating pain and suffering damages can be challenging because, unlike other damages such as property repair and medical expenses, pain and suffering damages don’t come with bills or receipts.
If you’re considering suing for pain and suffering, contact the legal professionals at Bednarz Law. We can help you determine your eligibility for pain and suffering and calculate potential damages.
How Can I Sue for Pain and Suffering?
There is no specific rule of when you can sue for pain and suffering. Typically, plaintiffs may receive damages when they suffer an injury that causes physical or mental pain for an extended time.
For example, let’s say a motor vehicle accident leaves you with a severely broken leg. As a result, you experience chronic leg pain that makes it difficult to engage in normal activities. Under these circumstances, you may be entitled to pain and suffering damages.
Here are a few more injury scenarios where pain and suffering damages might be awarded:
- Nerve pain resulting from whiplash
- Unnecessary physical damage caused by a faulty surgical procedure
- Emotional or mental pain brought about by trauma (such as PTSD)
- Intense sadness from losing a loved one
The amount of damages awarded for pain and suffering will depend on a variety of factors, including your age, the severity of your injury, and the extent to which the injury impacts your life.
Hire a Tennessee Personal Injury Attorney for Immediate Help
If you are experiencing pain and suffering due to an injury caused by an at-fault party, you owe it to yourself to seek legal counsel. Contact Bednarz Law for a free evaluation of your case. Our Nashville-based personal injury lawyers will review all the details of your situation and let you know if you can sue for pain and suffering.
We have decades of experience delivering successful results in pain and suffering cases. We will fight vigorously on your behalf to obtain financial compensation for all damages. Contact Bednarz Law right now to schedule your free initial consultation.