Pain and Suffering in Personal Injury

Pain and Suffering in Personal Injury

Pain and suffering is the legal term for the physical and emotional stress caused from an injury (see also pain and suffering). Some damages that might be under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring.

When filing a lawsuit as a result of an injury, it is common for someone to seek money both in compensation for actual money that is lost and for the pain and stress associated with virtually any injury. In a suit, pain and suffering is part of the "general damages" section of the plaintiff's claim, or, alternatively, it is an element of “compensatory” non economic damages that allows recovery for the mental anguish and/or physical pain endured by the plaintiff as a result of injury for which the plaintiff seeks redress.

The amount of money damages a claimant gets for pain and suffering will first depending upon the amount claimed in a lawsuit if such is filed or the amount demanded to the responsible party in the underlying claim if it is an insurance claim. Even though a lawyer representing a client in an injury negligence based lawsuit may claim a certain amount for pain and suffering, the jury or the insurance adjuster will award pain and suffering money for differing reasons.