It can be challenging to know the amount you need for medical bills and other damages if you're a personal injury victim. Many factors go into determining the final number. Fortunately, Colorado Springs Personal Injury Lawyers can help you get the best compensation.
In this article, you'll learn everything you need to know about pain and suffering damages award.
What Is A Pain And Suffering Damages Award?
Pain and suffering damages award is money given to a person who has experienced an injury or loss. You can receive it in addition to other damages, and the amount varies depending on various factors such as how severe your injuries are, whether there was physical trauma involved (e.g., fractures), and psychological harm.
How Is Pain And Suffering Damages Award Calculated?
There are three basic steps to calculating pain and suffering damages:
(i) The jury must determine what amount is necessary for medical expenses
(ii) They also calculate any loss of wages or future lost earnings
(iii)They determine whether the victim suffered physical injury.
These calculations will generate a total award that takes into account all aspects of the circumstances.
How Does It Differ From Other Types Of Damages?
Pain and suffering damages are a specific category of compensatory damages awarded to the plaintiff in a civil suit. The purpose behind pain and suffering damages is to compensate an individual for mental anguish or emotional distress and physical injuries resulting from negligence that caused injury, illness, disease, or death.
Physical discomfort can be compensated through general damage awards such as lost wages but not every person suffers solely psychologically after experiencing trauma. Therefore, there may be another way to address this issue.
You can also claim pain and suffering damages if you're experiencing psychological effects such as PTSD after an accident.
How To Increase Your Chances Of Winning A Pain And Suffering Award
There are various ways to increase your chances of winning an award for pain and suffering, but the bottom line is understanding how these damages work. In addition, pain and suffering allowance is subjective to the type of case you have. So, one person might receive more compensation than another.
The insurance company may argue that there was no injury or damage done by their client or driver's negligence on the accident. But if you can prove that there were actual damages caused by someone else, then you're eligible for receiving financial relief in court. However, some cases may not require monetary payment as restitution.
Do You Need A Lawyer In A Pain And Suffering Damages Case?
Before you file a case for pain and suffering damages, you should consult with an experienced lawyer. That's because the amount of money awarded in this situation can vary depending on how much your injury or illness has impacted your life. Additionally, there are many nuances involved in these cases which require legal expertise from a seasoned professional.
A lawyer will also help you understand your case's specific circumstances, so you know the law and make wise decisions. You can find experienced accident lawyers through a Google search or referrals from friends and family members.
What's The Difference Between General And Special Damages?
General Damages: General damages are common in many types of personal injury cases. These damages compensate an individual for the losses they have sustained due to another party's negligence. They can include financial compensation to make up for medical bills or lost wages.
General damages do not account for intangible factors such as pain and suffering, which is why some jurisdictions also allow plaintiffs to file claims with special damage provisions.
Special Damages: Special damages encompass all non-financial consequences associated with an accident (pain and suffering). This includes items like emotional distress, mental anguish, and loss of enjoyment of life activities. However, it does not include elements that might be compensated by general damages (such as physical impairment)
Pain and suffering damages are a type of monetary award given to the plaintiff in civil actions. These types of damages compensate for any physical and emotional stress experienced by the victim due to injury. Knowing more about them can help you get the best compensation deal.