Ohio residents familiar with this blog may have heard of the term "pain and suffering" in connection with the damages that can be sought in a personal injury case involving an accident with a car or a truck. But when it comes to pain and suffering, people may be confused as to what it encompasses. This is because it is usually easier to calculate a figure for medical expenses based on the hospital bills, but it is more difficult to estimate the distress an accident causes.
Pain and suffering is known as the distress, either mental or physical, that results from an accident and can be pursued in a lawsuit. The damages are calculated on the type of injury sustained, the pain suffered and the seriousness of it, and the future pain associated with the injury. It could also be stress or anxiety that stems from the accident. In some states, loss of enjoyment of life could also be included in the computation of pain and suffering.
Pain and suffering is only one of the types of damages that can be sought in a personal injury lawsuit. Loss of earning capacity, either if they have impaired or diminished completely, can also be sought, if the person is unable to work due to time spent in the hospital or because of physical therapy. It may also be possible to seek compensation for loss of consortium, which is the loss of the ability to show affection.
When someone is injured in an accident, the victim and their loved ones may be more focused on recovering from the car accident. However, holding the negligent party accountable for their actions through a personal injury lawsuit may be one way to recover financially from the accident. An experienced attorney can assist victims and help them determine whether they can seek compensation or not.
Source: FindLaw, "What Kind of Damages May I Claim for Car Accident Injuries?," accessed June 8, 2016