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Definition of “Pain and Suffering”

by | Sep 14, 2018 | Firm News

pain and suffering

Pain and suffering is a legal term that denotes a type of damages that can be recovered after an accidental injury. The term essentially incorporates physical and emotional harm caused by an injury. After an auto accident, the injured person will be entitled to recover for medical bills, and for damage to his or her car. Past that, will it be possible for the injured person to recover for pain that is less definite, and maybe initially unspecified? That is where the consideration of a recovery for pain and suffering enters into the damages claim.

Actual physical injury, such as broken bones, is included as a part of pain and suffering, but past that, there is also the consideration of loss of comfort suffered. There may be temporary and permanent restrictions on activity, as well as a possible shortening of life, depression, and embarrassment from scarring. These are all part of the damages that can be recovered by someone injured through another person’s negligence.

The value of damages due to pain and suffering is subjective, as opposed to medical bills and lost wages that can be calculated. An attorney may apply a formula to calculation of pain and suffering damages. An insurance company will certainly apply one. The insurance company will attempt to minimize pain and suffering damages. This is a complex area, and it is always advised that someone injured in an accident consult with an attorney. In Las Vegas, consult with Albright, Stoddard, Warnick & Albright. That firm is devoted to personal injury claims, as well as medical malpractice, and other injury claims. Visit their website to learn more. You should find a car accident attorney in LV or a Las Vegas personal injury attorney to make sure your rights are protected.

If you are injured in an accident, it is likely that you will suffer beyond the initial injury, no matter how severe. Pain and suffering is a recognized form of injury, and you can recover for that. A qualified LV personal injury attorney can assist.