I was hurt in an accident. What does pain and suffering mean?

In an accident injury settlement, you will hear the term "pain and suffering." Most plaintiffs have a vague idea what the term means, but they need to know that it is vital to any case. Basically, pain and suffering is compensation for a plaintiff's non-economic losses, those he or she suffers or is expected to suffer due to the defendant's negligence.

What does "Pain and Suffering" actually mean?

Pain and suffering is the physical and emotion pain and distress you suffer which may accompany other physical injuries such as broken bones, bruises, internal injuries, as well as the pain from any medical and surgical procedures that are required to treat your injuries.  Pain and suffering may also include the embarrassment or "shame" caused by any scarring or disfigurement you suffer, and any psychological or emotional fallout, such as depression and post-traumatic stress disorder. 

What Factors are looked at?

Factors that may influence an accident injury settlement include the following: 

• How quickly the plaintiff sought medical treatment;
• The severity of the plaintiff’s injuries;
• The degree of pain usually associated with the plaintiff's particular injuries;
• Whether the injuries impede the plaintiff's quality of life;
• Whether the injuries will prevent the plaintiff from full employment;
• The extent and length of required treatment
• Whether there is any disfigurement to the plaintiff;
• The types of treatment needed, including any psychological or psychiatric counseling;
• Whether pain medication needs to be prescribed;
• Whether the prognosis of the injuries is long-term and how fast or slow the plaintiff is expected to recover;

Because these factors are often subjective, a jury has a more difficult task in calculating pain and suffering. Even such subjective factors as your credibility as a witness, your personal tolerance for pain and whether you have previously filed a personal injury suit may be factored in to determine possible damages.

Talk with an experienced personal injury attorney to discuss your case.