In regards to personal injury claims, damages are what the plaintiff (the party who files the lawsuit) receives from the defendant (the party the plaintiff filed against) to make him or her “whole.” Damages can stem from various things like medical bills and lost wages. However, many people are unaware of the two emotional damages, pain and suffering, and emotional distress.
Pain & Suffering
Damages for pain and suffering stem from the type of injuries someone suffers and the nature of the medical treatment they receive. Courts loosely base the damages total on the medications and procedures used to treat the plaintiff, and the pain associated with the injuries.
The stronger the prescription and the longer its prescribed, the stronger its influence on pain and suffering damages. Therefore, how someone emotionally deals with pain could result in stronger prescriptions, resulting in higher pain and suffering damages.
While pain and suffering manifest physically, there is an emotional element involved. For example, burn injuries tend to have higher settlement values because they are more excruciating than other injuries. Again, while pain is physical, it varies from person to person, making pain and suffering damages somewhat emotional.
While pain and suffering damages have physical and emotional aspects, emotional distress damages are based entirely on emotional matters.
Emotional distress damages result from the psychological ramifications of an accident. Typically, the plaintiff must use psychiatric records to prove emotional distress, and psychiatric diagnoses like post-traumatic stress disorder or acute depression will increase the amount of compensation.
Need Help with a Claim?
If you or a loved one is suffering from injuries due to someone else’s negligence, you may have the right to just compensation. The Kalka Law Group is proud to represent clients as they fight to recover from their wounds. Our personal injury attorneys know what it takes to win cases and hold defendants responsible for their mistakes.
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