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Understanding Pain and Suffering Damages in Personal Injury Cases

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“Pain and suffering” is a term that we often hear in the context of personal injury cases. But what does it mean? This may be an important question for anyone who has suffered serious injuries in a car accident, slip-and-fall, or botched medical procedure in Ohio. These victims might wonder whether they will receive any compensation for the psychological hardships they’ve been forced to endure, which may be much more severe than any of their financial losses. What is pain and suffering in a personal injury lawsuit? Can a personal injury lawyer in Ohio help you recover compensation for psychological issues?

Pain and Suffering Is a Type of Non-Economic Damage

First, it is important to understand that pain and suffering is a type of “non-economic damage.” When you pursue a personal injury lawsuit, you can claim various types of “damages.” Damages can be any loss you have suffered as a direct result of your accident.

Damages fall into two categories: Economic damage and non-economic damage. Economic damages are the easiest to understand since they represent basic financial losses. These might be medical bills, lost income, and funeral expenses (in the case of a wrongful death).

Non-economic damages are more complex, as they represent psychological or emotional losses.

Although these losses are not necessarily financial in nature, they are still legitimate – and they can lead to compensation.

Pain and suffering are one of the most common examples of non-economic damage in a personal injury case.

What Is the Legal Definition of Pain and Suffering?

The exact legal definition of pain and suffering is somewhat vague, and it may encompass a wide range of challenges.

According to the Legal Information Institute (LII), this term refers to any “physical discomfort and emotional distress” you were forced to endure as a result of your accident.

The LII states that this might include pain, discomfort, anguish, inconvenience, and emotional trauma.

Finally, the LII states that the term pain and suffering may also refer to the loss of certain activities that the victim once enjoyed. This is also called “loss of enjoyment of life,” and it might involve a disabled individual who can no longer play sports, walk their dog, or go hiking.

What Is a Fair Settlement for Pain and Suffering?

A fair settlement for pain and suffering makes you “whole.” It gives you a sense of justice and closure, despite everything you have been forced to endure. The amount should represent the extent and severity of your psychological challenges. As a result, the “fair” sum for pain and suffering depends on the unique experiences of each plaintiff.

Sometimes, a jury decides what this fair amount should be. They make this decision – called a “verdict” – at the end of a personal injury trial. Jury verdicts are relatively unpredictable, and they have the potential to be much greater than anyone expects. These so-called “nuclear verdicts” can reach well into the seven-figure range.

However, it is important to remember that most civil cases are settled before reaching trial. During these settlement negotiations, your personal injury lawyer and insurance representatives will try to agree on a fair sum for your pain and suffering. Experienced injury lawyers are often highly proficient negotiators, and they can push for a fair sum on your behalf.

Beware of lowball settlement offers, as this is a common practice in the insurance industry. An insurance representative might offer you a cash settlement, and this amount may seem like a tremendous amount of money. However, the first offer is often much lower than you actually deserve – and you should consult with a lawyer before accepting.

Can an Ohio Personal Injury Lawyer Help Me Get Compensation for Pain and Suffering?

A personal injury lawyer in Ohio may be able to help you recover compensation for pain and suffering, emotional distress, or any other non-economic damage you have been forced to endure.

These psychological challenges can be just as serious as your financial losses. Unlike physical injuries, psychological scars may never truly fade – and you may struggle with your mental health for the rest of your life after an accident. Tittle & Perlmuter may be able to help you pursue compensation and justice for these hardships – so schedule a consultation today to learn more.

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