When you are injured in an accident caused by someone else’s negligence, you may be entitled to compensation for damages that may include medical expenses, lost wages, and property damage. However, what many people do not realize is that in some cases, you may also be able to claim compensation for pain and suffering.
In Maine, there is no cap on the amount of damages you may receive for pain and suffering in a personal injury case. However, it is essential to understand the requirements for proving pain and suffering and the factors that may impact the amount of damages you may receive.
Table of Contents
What is Pain and Suffering?
Pain and suffering refer to the physical and emotional distress a person experiences after an injury. This includes not just physical pain, but also emotional trauma such as depression, anxiety, and loss of enjoyment of life.
Proving Pain and Suffering
In order to claim damages for pain and suffering in a personal injury case in Maine, you must be able to prove that the injury caused you to experience physical or emotional pain and suffering.
This can be done through medical records, such as doctor’s notes and hospital records, that document the physical injury and any treatments required.
You may also need to provide testimony from yourself, family members, and friends to explain how the injury has impacted your life, such as activities you can no longer do or how the injury has affected your mental health.
Factors Affecting Pain and Suffering Damages
There are several factors that may impact the amount of damages you may receive for pain and suffering in a personal injury case, including:
Severity of the injury: The more severe the injury, the more likely it is that you will be awarded a higher amount of damages.
Duration of the suffering: If you have experienced pain and suffering for an extended period of time, this may also impact the amount of damages you receive.
Impact on your life: If the injury has caused you to miss work or has impacted your ability to perform daily activities, this may also be taken into account when determining damages.
Age and overall health: If you are older or have pre-existing health conditions, this may also be considered when determining pain and suffering damages.
Conclusion
If you have been injured in an accident due to someone else’s negligence in Maine, you may be entitled to compensation for pain and suffering in addition to other damages. However, it is essential to work with an experienced personal injury attorney who can help you understand your rights and options.
By presenting a strong case that demonstrates the extent of your physical and emotional pain and suffering, you may be able to receive fair compensation that can help you move forward after an accident.