Why Evaluating Pain and Suffering in an Injury Claim is Hard to Do

Pain and suffering are just one of the damages a victim can include in their claim for compensation after they were harmed by a negligent party. However, determining what value pain and suffering have in a claim is not a straightforward thing to do and can be open to interpretation. 

Unintentional injury accidents like car accidents or medical malpractice, for instance, happen much more frequently than the average person cares to think about. And when one of these incidents takes place, victims who suffer physical bodily harm may be able to take legal action and file a claim for a specific amount of compensation. Understanding what damages can be compensable and calculating the cost of one’s damages is something that an experienced attorney trained in tort law can assist victims with. 

The Tampa personal injury attorneys at Fulgencio Law provide sound legal guidance and support, including identifying damages and valuing them for victims harmed by others’ negligence.

What Makes Calculating Pain and Suffering Damages so Difficult?

There are two categories of damages, or losses, that a victim may suffer and that have the potential for financial recompense through a personal injury claim. The first is economic damages. These damages are tangible, and they are more easily recognized because they come with concrete costs. For instance, if your car was damaged in a car accident, you are able to recover compensation for property damages. You can easily figure out how much it cost to repair your car because you will have the receipts from the shop where the work was done right there for you.

By contrast, non-economic damages do not have exact price tags and numerical amounts. Pain and suffering is a type of non-economic damage that can be hard to evaluate fairly for many reasons, including:

• The pain and suffering that you feel from an injury accident may differ from the pain that another person would experience so it is hard to look for comparable examples for an idea of what one’s pain and suffering are worth.
• It can be difficult to truly and clearly explain the pain and suffering you feel, which makes putting an accurate cost to one’s feelings challenging. Pain and suffering are highly subjective.
• If your case goes to a jury trial, often juries are unfamiliar with pain and suffering, and so this can affect what final determinations are made.
• Explicitly proving that your injury accident experience and no other preexisting conditions or other outside factors are the sole source of your pain and suffering can be difficult.
• Bias could exist with individuals tasked with evaluating one’s pain and suffering.

Speak with an Attorney at Fulgencio Law Today

There are several reasons why defining one’s pain and suffering can be a formidable task. However, it can be done. An attorney experienced with personal injury claims will know how to help you evaluate all of your damages, including pain and suffering, and determine what your claim is worth.

Do not delay in calling Fulgencio Law today to schedule a free consultation so you can discuss your case with an attorney at (813) 463-0123.