When a person’s injuries are directly inflicted by another person’s negligence, they are legally entitled to file a claim against that negligent party to recover economic and non-economic damages. Economic damages are calculable, while non-economic damages are not. Victims suffer from both physical and mental trauma. When a person suffers catastrophic injuries it negatively impacts their life. This means any significant physical and mental pain constitutes a victim to recover reasonable monetary compensation for their losses. If you have been injured due to someone else’s negligence, contact one of our skilled and determined Washington D.C. Injury Attorneys. Our firm is dedicated to helping our clients recover fair compensation for their pain and suffering.
What is the difference between physical and mental “pain and suffering”?
When an individual is injured, they may experience both physical and emotional stress due to their injuries. There are two different types of pain and suffering a victim may be faced with include:
Physical pain and suffering
Physical pain and suffering refer to the victim’s visible physical injuries. This refers to the actual injuries that were inflicted which cause a victim physical pain. Several medical conditions qualify as physical pain and suffering. Some common physical injuries include:
- Traumatic brain and head injuries
- Back and neck pain
- Organ damage
- Never damage
- Broken bones
All of the above injuries cause victims physical pain. These types of damages may cause a victim to have serious problems in the future. Injuries can have long-term effects and can have detrimental consequences for victims.
Mental pain and suffering
Furthermore, the other type of pain and suffering is mental. Mental pain and suffering refer to the emotional trauma a victim faces because of the injuries they’ve sustained. There are several different emotional trauma that qualifies as mental pain and suffering. Some of the most common include:
- Mental anguish
- Emotional distress
- Sleep issues (Insomnia)
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
Victims may suffer a multitude of mental pain due to their injuries. Similarly to physical pain, mental pain can also have detrimental long-term effects which negatively impact a victim’s future.
How is it calculated?
The court and jury are in control of calculating the monetary value a victim is owed in non-economic damages. Several factors are considered when deliberating the amount victims are owed in non-economic damages for their pain and suffering. The following are considered:
- A medical professionals testimony that backs up the victim’s claim
- The extent of the injuries
- The severity of the injuries
- The duration of the injuries
- Whether or not the victim is overstating or exaggerating the extent of their injuries
- The credibility of the victim
- The consistency of the victim
- Whether or not the claim makes sense in terms of the injury
- Whether the victim will suffer future issues due to their injuries
- Whether or not the victim’s demands are reasonable
- If the victim has a criminal record
Depending on the circumstances of the case, the jury will take all of the above into consideration when determining the monetary value victims are owed due to another person’s negligence.
If you or someone you love has been injured due to negligence, reach out to one of our experienced attorneys. Our firm is committed to helping our clients recover financial compensation for their pain and suffering.