When an individual suffers an injury caused by the negligence of another person, they could be eligible to receive compensation for their injuries and certain damages. One type of damage that an injured person may seek compensation for is known as pain and suffering. In Connecticut personal injury cases, the legal definition of pain and suffering is important to understand if you are pursuing legal action.
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Understanding Pain And Suffering
Pain and suffering is a legal term that describes the physical and emotional trauma or distress an injured person experiences as a result of an accident or injury caused by another person. It includes both the actual pain the person experiences due to the injuries sustained and the mental anguish and emotional distress that arises from the injuries. Pain and suffering can be caused by a range of incidents, including car accidents, slip and falls, medical malpractice, and more.
Compensatory Damages
In a personal injury lawsuit, the purpose of seeking compensation for pain and suffering is to help the injured person recover from the experience as much as possible. Compensatory damages, which are damages that are intended to compensate someone for their injuries, can be awarded to cover the pain and suffering experienced by the injured person.
How Pain And Suffering Is Calculated
Unlike medical expenses or lost wages, which can be quantified with a dollar amount, pain and suffering is a subjective concept that cannot always be easily quantified in terms of a dollar amount. Connecticut law dictates that the amount of compensation awarded for pain and suffering depends on factors such as the severity of the injury, the impact on the injured person’s life and ability to function, and the length of time the pain and suffering will likely endure.
Factors Considered In Pain And Suffering Calculation
When calculating the amount of compensation for pain and suffering, a range of factors are taken into consideration. These factors may vary based on the specific facts of a case, but may include:
The Severity of the Injuries
The severity of the injuries sustained by the plaintiff determines the extent of the pain and suffering they experience. The more severe the injuries, the more the plaintiff will likely suffer. Additionally, long-term or permanent injuries may result in higher compensation for pain and suffering.
The Impact on the Plaintiff’s Life
If the injuries sustained in an accident or injury negatively impacts the plaintiff’s daily life, the amount of compensation for pain and suffering may increase. This could include the loss of ability to participate in activities they enjoy, as well as the loss of the ability to work and provide for themselves and their family.
The Duration of Pain And Suffering
The amount of compensation for pain and suffering is also influenced by the duration of the pain and suffering. If an injured person is expected to experience pain and suffering for a long period of time, the damages awarded may be greater.
Emotional Distress
Emotional distress caused by an accident or injury, such as anxiety, depression, or insomnia, may also be taken into consideration when determining the amount of compensation awarded for pain and suffering.
Caps On Compensation
In Connecticut, pain and suffering damages in personal injury cases are subject to a cap. In cases in which the plaintiff’s injury is not considered serious enough to justify an action for pain and suffering damages, the cap is $750,000. In cases in which the plaintiff’s injury is considered serious, the cap is $1.5 million.
Conclusion
When seeking compensation for pain and suffering in Connecticut, it is important to have an experienced personal injury attorney by your side. They can help you understand the legal definition of pain and suffering and how it applies to your case. Additionally, they can help you gather evidence and build a case that supports the amount of compensation you are seeking. At the end of the day, the goal is to help you recover as much as possible from your injuries and return to living the life you enjoyed prior to your injury.