There is a phrase that has become commonplace to hear especially when the discussion is about a victim of personal injury negligence. Pain and suffering is the term used to determine financial compensation but you may be wondering what qualifies as pain & suffering in the legal sense.
No two cases are alike when it comes to victims of negligence and the health outcomes of pain and suffering can be different. Generally, what defines this term is the emotional distress or mental anguish that often a result of physical pain, especially if that pain is chronic.
If you believe that you are maybe experiencing pain and suffering as a result of a car accident or other incident that has been brought on because of the action of another failure to be responsible then you may be able to collect compensation.
Pain & Suffering through Negligence
Every day, victims of negligence populate the New York court system. While these victims have drastically different circumstances, many of them still experience:
- Physical injury
- Emotional distress
- Psychological trauma
- Difficult life circumstances caused by negligence
Most physical injuries have a tangible cost, which generally comes in the form of medical expenses. Lost income can also be calculated easily. What is more difficult to quantify is the toll that emotional distress and psychological trauma can take on a victim of negligence.
When a jury, judge, or attorneys try to quantify the psychological and emotional toll of negligence, they use the term ‘pain and suffering.’ Certain types of negligence cases that often result in these types of cases are:
- Motor vehicle collisions
- Assaults and batteries
- Workplace and construction accidents
The Effects of Pain and Suffering
When someone is trying to cope with pain and suffering, according to the Centers for Disease Control and Prevention (CDC), our biology often uses some undesirable tactics to help us cope with such trauma.
Some of these may include or lead directly to:
- Depression
- Chronic anxiety, even in seemingly low-stress situations
- Feelings of guilt, whether rational or not
- Flashbacks
- Phantom pain
Ease Your Suffering by Taking the First Step
For many chronic psychological and emotional deficits are what qualifies as pain and suffering. Seeking counsel and medical attention to treat your symptoms is important. You should also seek legal advice from the attorneys at McMahon & Kublick, PC to look into the one or more parties that may be held responsible for helping you pay for your treatments and compensate you for the negative health outcomes because of negligence.
