Pain
is an element of the damages for the injured
person in a personal injury case. Suffering
is also an element of damages to be
considered in the injury case. Pain and
suffering are most often described together,
but they are distinct issues and should be
considered separately. Pain and suffering,
together with inconvenience, loss of
enjoyment of life, and humiliation are the
major non-economic damage categories that
lawyers use to describe what happens to the
injured person following an injury accident.
Economic damages are the most solid and
certain of the categories of damages, which
juries are more likely to award economic
damages than non-economic damages.
Generally, it is recommended that the
injured person keep a diary of the affect of
the accident on personal activities. Memory
fades with time and many of the difficulties
that the accident caused can either be
forgotten over time or confused as to the
dates and times when problems were
manifested.
Pain and suffering has become a difficult
subject to present to juries. There is a
generally held notion that "stuff happens"
and that victims complain too much. Some
potential jurors believe that there is no
reasonable way to value a claim for pain,
suffering and other non-economic damages. If
the injured person is the only one
presenting evidence at trial of these
damages, the jurors may well not be
receptive to such claims. Insurance
companies have over the past twenty years
attempted to influence public opinion
regarding the validity of most injury
claims. Many potential jurors have great
concerns that there is rampant fraud in the
presentation of injury claims. Jury trial
presentation has become a much more
difficult area of legal work than it was in
days past. Only a hard-working,
knowledgeable and talented lawyer can be
expected to perform well in a jury trial.
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Pain
is an element of the damages for the injured
person in a personal injury case. Suffering
is also an element of damages to be
considered in the injury case. Pain and
suffering are most often described together,
but they are distinct issues and should be
considered separately. Pain and suffering,
together with inconvenience, loss of
enjoyment of life, and humiliation are the
major non-economic damage categories that
lawyers use to describe what happens to the
injured person following an injury accident.
