What is Pain and Suffering?
Pain and suffering can be part of the financial settlements for personal injury claims. There are a few different categories of “pain and suffering.” If you are experiencing any kind of physical or mental pain after an accident, you should immediately speak to a lawyer who will help you define the problem to make the right kind of claim.
“Pain and suffering” typically means the physical pain caused by the accident and the subsequent healing process. If you fall and break your leg, there is an assumed level of pain for a defined period of time. For that limited period of time, you might be eligible for financial compensation.
“Emotional distress” usually means an on-going problem like anxiety, fear, and loss of sleep. This can be included in the pain and suffering claim, or it can be determined to be an additional problem. For example, there is more emotional distress when you are the victim of a hold up compared to being the victim of a fall.
“Loss of enjoyment” is the term to describe the impact of the incident on your day-to-day life. If you broke your leg and it healed well, you don’t have any additional loss of enjoyment beyond the initial pain and suffering. If the break was severe and you can’t run as a hobby anymore, you may be eligible for a loss of enjoyment claim.
“Loss of consortium” is generally a euphemism for “can’t have sex.” However, some states include general family time. This is a claim that will sometimes pay you, the victim, or may pay your spouse or partner.
Each state has specific laws that define each category. If you are suffering, you don’t have to suffer alone. Call an attorney to help you find how the law can ease some of that pain.