Table of Contents
Introduction
Pain and suffering, two terms that are often used interchangeably, are significant legal concepts in North Dakota that are used to describe the damages awarded to a plaintiff in a personal injury lawsuit. Understanding the legal meaning of these two terms is critical for anyone embroiled in a personal injury claim in North Dakota.
What is Pain and Suffering?
Pain and suffering refer to the non-economic damages awarded to a plaintiff in a personal injury lawsuit. Usually, non-economic damages cover a broad range of damages, including the physical and emotional pain and suffering the plaintiff has endured due to the injury caused by the defendant’s negligent actions. The pain and suffering category of these non-economic damages includes the following two distinct elements: ongoing pain and suffering, and future pain and suffering.
Ongoing pain and suffering are defined as the physical and emotional pain and trauma that a plaintiff experienced at the time of the injury and those that may continue to experience due to the injury. Future pain and suffering, on the other hand, refers to the anticipated pain and suffering that the plaintiff may go through in the future.
How is Pain and Suffering Calculated?
Calculating the award value of pain and suffering is a challenging and often contested process. North Dakota judges consider several factors when calculating the award, including:
The nature and severity of the injury:
Injuries sustained due to the defendant’s negligent actions that have severe disabling effects, such as paralysis, get higher pain and suffering awards than less severe injuries.Whether the injury resulted in permanent disabilities:
To claim for future pain and suffering, the injury should be long-lasting or permanent. If the injuries heal completely, the plaintiff may not be eligible for future pain and suffering damages.The amount of medical treatment and bills following the injury:
The more expensive the medical bills, the more likely that the plaintiff will receive higher pain and suffering damages.
- The impact of the injury on daily life:
If an injury has caused the plaintiff to miss work, lose their job, or lose the ability to enjoy their daily activities, they stand a better chance of receiving higher pain and suffering damages.
Maximum Compensatory Damages for Pain and Suffering in North Dakota
North Dakota doesn’t have any caps for compensatory damages, including pain and suffering, in personal injury lawsuits. This means that a plaintiff can receive the full compensation amount that the judge deemed fair to compensate them for the non-economic damages they suffered due to the defendant’s negligence.
Conclusion
Knowing the legal definition and how North Dakota law defines pain and suffering is essential if you’re considering filing a personal injury lawsuit. It’s vital to understand that pain and suffering awards vary from case to case and that other awards, such as economic damages, may also be designated separately. If you’re unsure about what compensation you’re entitled to, consider hiring an experienced personal injury lawyer to guide you through the legal process.