What is Pain and Suffering Compensation?

Mary McMahon
Mary McMahon

Pain and suffering compensation is a payment provided to someone who has experienced physical and mental harm as a result of an injury. The payment is awarded in a suit, mediation, or private negotiation between the victim and the person who is at fault for the injury. The total amount awarded varies and is dependent on a number of factors, some of which are out of control of the victim.

Pain and suffering compensation may be awarded on top of actual damages.
Pain and suffering compensation may be awarded on top of actual damages.

The law has established that when someone has a legal liability for an injury, such as a car accident, that person can be ordered to pay damages to the victim. Some of these damages are literal; in a crash, for instance, the person who causes the crash needs to pay for the repair or replacement of the victim's vehicle. This payment is usually provided by an insurance company.

A court may decide that a plaintiff is entitled to monetary compensation for pain and suffering that was the result of the defendant's actions.
A court may decide that a plaintiff is entitled to monetary compensation for pain and suffering that was the result of the defendant's actions.

In the case of pain and suffering compensation, the payment is awarded on the grounds that the victim experienced pain and suffering as a result of the actions of the defendant in the case and deserves a financial compensation for it. This can include money to pay for medical visits necessitated by the accident, including future medical visits such as surgeries needed to address the aftermath of the injuries. In addition, pain and suffering compensation is intended to address mental suffering that the victim may experience.

Damages may be awarded to a car accident victim if it is determined that someone is legally liable for causing that accident.
Damages may be awarded to a car accident victim if it is determined that someone is legally liable for causing that accident.

These damages are awarded as a part of the suit known as general or compensatory damages. An attorney can argue that an injury has compromised someone's lifestyle, made it difficult to work, or created other hardships that constitute suffering. The person liable for the injury can be ordered to pay lost wages as well as compensation for something like the loss of a limb or the inability to work.

A person who is liable for an injury to another may be ordered to pay lost wages as a result of the injured party being unable to work.
A person who is liable for an injury to another may be ordered to pay lost wages as a result of the injured party being unable to work.

Pain and suffering compensation cannot change the fact that the accident occurred, but it can provide some form of relief for someone who experienced an injury. It may provide people with money that allows them to pay for treatment, cover bills, take time off to recover, and handle other expenses as they come up. The amount of pain and suffering compensation awarded can be determined by a judge or a jury, depending on the case.

People who are injured and choose to file suit usually work with an attorney who specializes in personal injury cases. The attorney can help the client collect documentation and present a persuasive case in court. Using an attorney can help people obtain more damages in the case. Attorneys who work on such cases may do so for a percentage of the total award or may charge by the hour for their services, depending on the agreement worked out with the client.

Pain and suffering compensation may refer to money for emotional distress following an accident.
Pain and suffering compensation may refer to money for emotional distress following an accident.
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a wiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

You might also Like

Readers Also Love

Discussion Comments

Vicki9517

I am new here and hope i can get some help. I will try to make this short. My mom has terminal cancer and we hired a licensed in home care company from town. While caring for my mom one of their hired workers was caught on camera dumping prescription meds down the drain, sleeping on duty, and steeling food and pop. I filed a complaint with the company and called state licensors to investigate this worker. It is a very long process and is still on going. But in the mean time this company is taking my mom to small claims court for unpaid care, which the family feels we should not have to pay. They are suing for 1900.

From this worker dumping meds, my mom became very ill. She threw away nebulizer treatments which was helping my mom fight off a bronchial infection/cold. Since my mom has cancer, this illness attacked her immune system because this worker was not giving her her meds. She has since recovered but she could of very well went the other way. We are unsure what a pain and suffering counter claim amount would be. Any help would be great.

Post your comments
Login:
Forgot password?
Register: