Pain and suffering damages provide you with monetary compensation for any pain that you may have endured as the result of someone else’s negligence. It is difficult to put a monetary value on pain and suffering; however, pain and suffering are determined by a jury and there are several things that you can do to prove to a jury that you should receive a large award.
To maximize your compensation for pain and suffering, you should:
- Keep journals documenting your pain. Document what you are going through everyday. This can be entered into evidence.
- Talk to your friends and family when you are in pain. They can be called as witnesses to testify on your behalf to tell the jury what you have endured.
- Take photographs of any injuries or damage. If you have actual hard evidence, such detailed photographs that show exactly what happened to you, the jury will likely see the injuries as serious and painful.
- Consult with experts who can testify as to the level of pain you have experienced.
Certain states have imposed limitations on damages for pain and suffering through tort reform efforts. For example, some states set a cap on non-economic damages. This means that you can only recover set amount for your pain and suffering and emotional distress, no matter what you may have been through.
Additional Frequently Asked Questions
- What Is The Basis For Most Medical Malpractice Claims?
- If I Can Prove That the Defendant Violated the Standard of Care, Does That Mean I Win My Case?
- Is Your Medical Malpractice Case More Likely To Settle Or Go To Trial?
- Are Nursing Home Injury or Abuse Cases Considered Medical Malpractice?
- What Does “Informed Consent” in Relation to Medical Malpractice Mean?