Such damage can include suffering in the family, loss of property, and injuries to others.
One type of damages someone may have to pay in court if they wronged someone is called “Pain and Suffering Damages” or PAD. It is called this because it covers the plaintiff’s pain, which the plaintiff usually has to endure before filing suit, and their suffering, which could be physical or emotional. These damages can apply to any number of causes: assault, harassment, and battery claims – anything that creates a bad situation for the victims.
Regarding pain and suffering, different jurisdictions have different views on how they should be calculated. In a civil case, the pain and suffering are compensatory and are meant to pay for all actual economic losses. The purpose of awarding such damages is to make the plaintiff whole again.
- Physical Pain and Suffering:
According to most jurisdictions, physical pain is the only type of suffering that can be compensated. Any other kind of sensation can be part of the plaintiff’s testimony, but it is not enough to permit an award. In other words, no matter how unique physical suffering is in the plaintiff’s case, it will not be taken into account.
When calculating such damages for a non-physical injury, a court has to consider the effect of pain on bodily function and mental state. In line with this interpretation, people complain about the pain of their injuries exceeding all expectations and are even unable to live with the injury at all.
- Emotional Pain and Suffering:
People should consider emotions like anger, fear, and embarrassment, as they are logical reactions to a particular situation. Although most jurisdictions do not sanction emotional pain, it is understood that only physical pain can be considered. However, almost every jurisdiction reserves the right to make an exception when the emotional distress exceeds what is expected. You can raise your voice against these damages by hiring a lawyer like KaplunMarx Accident & Injury Lawyers.
- Non-Economic Injuries:
The number of non-economic injuries has increased dramatically over the past few decades due to the easy availability of expert witnesses and the improved experience of lawyers who use them to gain higher compensation for their clients. Non-economic injuries include loss of self-esteem, loss of consortium and grief, etc. Such damages are considered compensable under the law but are not as apparent as physical and emotional pain.
- Intangible Injuries:
In cases of intangible injury, it is tough to account for damages because there is no proof connected to the subject matter. Nobody can tell how much someone else suffers from a harmful condition or how many people benefit from it directly or indirectly. Some jurisdictions have adopted policies that make such injuries non-compensable, meaning there will be no compensation for them. Loss of consortium and grief can fit into the category of intangible damages since there is no tangible or even estimable loss.
- Statistical Injuries:
Doomsday scenario cases have established that someone can suffer from a long-term injury or condition even though no one can prove it. Such damage can include suffering in the family, loss of property, and injuries to others. The court has to decide whether the injury is subjective or objective before arriving at the final decision. It may result in higher awards when enough people are impacted by it. It can be especially relevant in mass disasters where millions of people are affected by a single event.
All forms of suffering are essential when it comes to lawyers and their clients, and they should all be considered during depositions and afterward while deciding on the next steps in court. A good lawyer can take care of all this to achieve the best results for his client.
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