Pain and Suffering

In addition to the awards sought for specific injuries and their medical bills, an injured individual might seek damages for the pain and suffering that ensued following the injury in question, any procedures to repair the damaged body, and during the time it took to recuperate. The phrase “pain and suffering” is the legal term that describes the physical and emotional stresses that occur because of an injury.

When an injury occurs, the injury itself can be addressed in the main cause of action for damages. This means that the medical bills associated with the injury, the time lost at work, and limitations on work may be covered somewhat automatically. The main award, however, may not cover ongoing aches and pains, any temporary or permanent limits on activity not related to work, the possibility that life expectancy might be shortened, and even scarring. As a result, it is not uncommon for an injured person to request damages to cover both the actual injury and for the stresses and suffering that follow it.

In the scheme of damages, the money sought for the injury itself and recovery are parts of the “economic” portion of “compensatory damages.” The damages for pain and suffering are part of the non economic damages area of “compensatory damages.”

As it is more difficult to measure the extent of a person’s pain and suffering than it is to measure how much he or she spent on doctors or lost wages from not being able to work, juries have been known to undervalue an individual’s pain and suffering. At the same time, they are also able to overvalue the pain and suffering. The instances of putting too much of a value on pain and suffering has caused many states to enact various forms of tort reform.

Contact a Cincinnati Personal Injury Lawyer

If you have been injured by someone’s negligent actions, contact the Cincinnati personal injury lawyers of Stepleton Dugan, LLC at 513-321-7733 to fight for the compensation you deserve for your needless pain and suffering.