Personal injury law in Maine considers the pain and suffering experienced by an injured party as an important factor in determining the amount of compensation to be awarded. Pain and suffering refer to the physical and emotional distress that a person endures as a result of an injury caused by the negligence or recklessness of another party.
Table of Contents
Understanding Pain and Suffering
Pain and suffering are subjective experiences that do not have any objective measurements. It is therefore difficult to determine the extent of pain and suffering experienced by an injured person. Unlike medical bills and lost wages, pain and suffering cannot be easily quantified.
Pain and suffering can be categorized into two types, namely:
- Physical pain and suffering: This refers to the actual pain and discomfort an injured person experiences, such as aches, swelling, limping, and so on.
- Emotional pain and suffering: This refers to the emotional trauma and psychological distress an injured person undergoes, such as depression, anxiety, sleep disturbance, and so on.
Maine Laws on Pain and Suffering
Maine law recognizes pain and suffering as a recoverable damage in personal injury cases. In determining the amount of compensation to be awarded for pain and suffering, Maine courts consider a variety of factors, including:
- The severity of the injury: The more severe the injury, the greater the amount of pain and suffering a person is likely to have endured.
- The duration of the pain: The length of time a person experiences pain and suffering is an important factor in determining the amount of compensation to be awarded.
- The extent to which the injury affects the person’s lifestyle: Injuries that prevent a person from engaging in their usual activities can result in greater compensation.
- The age and general health of the injured party: Younger and healthier people are expected to recover faster than older or chronically ill individuals, which may result in less compensation for pain and suffering.
Proving Pain and Suffering
Proving pain and suffering is not an easy task. Unlike objective evidence such as medical bills, pain and suffering are subjective experiences that only the injured person can truly understand. However, there are several ways that an injured person can prove their pain and suffering in court.
- Testimony from the injured person: The testimony from the injured party regarding the extent of their pain and suffering can be a powerful tool in proving their case.
- Testimony from family and friends: The testimony of close family and friends who witnessed the injured person’s pain and suffering can also be helpful in proving the extent of damages.
- Medical records: Medical records can be used to document the injured person’s pain and suffering, and can support their testimony.
- Expert testimony: Expert testimony from doctors, psychiatrists, and other medical professionals can be used to corroborate the injured person’s claims.
Calculating Damages for Pain and Suffering
Unlike other types of damages, there is no fixed formula for calculating damages for pain and suffering. The amount of compensation will vary depending on the specific circumstances of each case. However, Maine law provides guidelines on determining damages for pain and suffering.
Maine uses a "multiplier" method to calculate damages for pain and suffering. This involves multiplying a number between 1 and 5 by the amount of economic damages, such as medical bills and lost wages, incurred by the injured party. The resulting number is the amount of compensation for pain and suffering.
For example, if an injured person incurs $50,000 in economic damages and the multiplier is set at 3, they would be entitled to $150,000 in compensation for pain and suffering.
Conclusion
Pain and suffering play an important role in personal injury cases in Maine, as they reflect the emotional and physical trauma that an injured person has experienced. Recovering damages for pain and suffering is not an easy task, but with the help of an experienced personal injury lawyer, injured parties can receive the compensation they deserve.