Someone who has been injured by another person may have a personal injury claim. Compensation may be offered for loss of earnings and medical bills, but what about wounds that are not obvious? That’s where pain and suffering damages may come into play.
Types of Pain and Suffering
The word “pain” is often used to refer to physical discomfort, while “suffering” is more of a mental or emotional pain. Specific forms of pain and suffering include:
- Aches and pains from physical injuries;
- Phantom pain from amputated limbs;
- Mental anguish and emotional distress;
- Fear, anxiety, and depression; and
- Loss of enjoyment of life.
In a personal injury lawsuit, the injured party may ask for compensation to help with current and future pain and suffering damages.
For example, Marla R. and her husband were struck by a tractor-trailer while driving to a family reunion. Marla survived with serious injuries. Her husband died on the way to the hospital. Marla may have a claim for her own physical pain and the mental anguish caused by her husband’s death. Fear of driving and loss of enjoyment of life may also be considered pain and suffering damages.
Calculating Compensation for Pain and Suffering
It may seem impossible to compensate someone for this type of damage. A financial settlement can’t take away the pain, but it can help the injured person recover.
Many factors are used to calculate pain and suffering damages, including:
- The age and health of the injured person;
- The severity of the injuries;
- Medical expenses incurred;
- Future medical expenses;
- The effect on the injured person’s daily life and ability to work.
Sometimes an award of damages or a settlement agreement will multiply the medical expenses by a certain number. For example, insurance companies may offer pain and suffering damages that are 1.5 to 4 times the amount of medical expenses. An attorney can give you a better idea of how much compensation you might receive for your pain and suffering damages.
Talk to an Illinois Attorney Who Understands Pain and Suffering Damages
At Osvaldo Rodriguez, PC, we have over 20 years’ experience helping clients with their legal questions and concerns. Schedule a free initial consultation with Osvaldo Rodriguez, a lawyer who has dedicated his career to assisting people like you. Just call us at 708-716-3441 or fill out the Contact form on our website. We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake, and all of Cook County, Lake County, Kane County, DuPage County, and Will County.
Mr. Rodriguez is fluent in both Spanish and English.