pain and suffering

     

Pain an suffering is the legal term for the physical and emotional stress caused from an injury. Some damages that might be under this category would be: aches, pain, 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. Jury awards for pain and suffering vary depending upon the socioeconomic and political factors motivating them at the time in the particular jurisdiction of the suit. In most states the maximum monetary amount awarded for pain and suffering is capped at what is listed in the particular suit or written complaint. In some states under the banner of tort reform there are maximum caps that are codified statutorily at which a jury may not exceed in awarding their damages when they do. The personality of the plaintiff, their witnesses and overall affect of the injuries which befell the victim plaintiff will play a powerful role in any damage award if damages are even awarded once liability issues are satisfied. The power and personality of the lawyer representing her or his client also may factor into a high money damage award case.

Found pages about pain and suffering

Users that searched for pain and suffering