Featured News 2012 What are “Pain and Suffering” Charges?

What are “Pain and Suffering” Charges?

Many times when a prosecuting party sues, they are fighting for the compensation of pain and suffering. With any injury there is always a degree of emotional and physical trauma. When a person is seriously wounded it can create a mental instability and give the victim irrational fears. The pain may be unforgettable, or the circumstances terrorizing. A victim may experience nightmares for years afterwards. Their family and friends may be affected by the injury, and their employers may terminate their contract if they cannot return to work quickly. Surgeries and medical procedures can take months of a person's life away, and instead of completing pressing tasks they wind up lying in bed.

All of these hurtful emotional and physical injuries are called "pain and suffering." A legal dictionary describes this as the physical and mental distress that is suffered from an injury. This includes everything from broken bones to internal ruptures, but may also include more temporary pains that put limitations on activity. Any injury which has the potentiality to shorten the victim's life or causes depression and embarrassment is one that has caused pain and suffering. While the hurt you've experienced is invaluable, there are times that a lawsuit can grant you a large sum of money in an attempt to lessen the burden. When awarded, pain and suffering money is normally added to the amount compensated for lost wages and medical bills.

Putting a value on pain and suffering is difficult. Some people hurt more than others, while personalities, emotions, and pain tolerances can influx. There are no scientific formulas, charts, or table juries that an attorney can use to determine the amount of money you should receive for your hardships. Because "pain and suffering" charges are subjective, it is mandatory to hire an experienced lawyer for your case. He or she can then help to put a price tag on your pain. Witnesses are crucial to these cases. The attorney will need to know if you had injuries before the incident and what life-changes the injury created. Your personal pain tolerance can change your case drastically. Talk about the hurt you have experienced, and how it has affected your ability to function day to day.

Your income will also be a heavy factor in a pain/suffering lawsuit. A person who makes more will most likely be awarded more, to compensate for the larger amount. Also, your work ethic and the manner of your job will affect your monetary reward. A person who works very hard and is on his feet all day may be given more money than a woman who has a desk job. Age will also affect your claim. The closer one is to retirement, the more money he or she may get. Juries will normally decide the verdict on these cases, and people are naturally sympathetic to the more vulnerable. When you are stating your case, make sure that your lawyer includes every detail of how you suffered and the pain that you are experiencing.

The community and lifestyle that you live can also sway the amount of money you are awarded for pain and suffering. A middle-aged well-to-do business man may not be awarded as much "pain and suffering" compensation as a mother who has no car and has to talk to work every day. The greater the inconveniences that were sparked by the injury the more money that prosecutor will probably receive. Where you file your claim will also affect your outcome. Urban areas normally award higher pain and suffering parcels than a smaller court would. In the end, it is best to find a lawyer who can present your case in the best light. If you can prove that you have suffered both emotionally and physically in relationships, inconveniences or more because of an injury that was the negligence of another, you should press pain and suffering charges.

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