Following the involvement in an accident which left them injured, the plaintiff may be granted damages for pain and suffering by the court. Whether it be the result of losses, injuries, or illness, the plaintiff may be awarded these damages for any kind of emotional and/or physical pain and suffering.
Despite some shared similarities, pain and suffering damages actually differ greatly from compensatory damages. Compensatory damages serve the purpose of financially reimbursing for the plaintiff’s losses as ways of helping them recover from the plain which was inflicted upon them by the person at fault for causing the accident.
Examples In Which Pain And Suffering Damages May Be Granted
There are many different forms of ailments which may lead the court to award such damages to the plaintiff. To put it broadly, when the court can see a link between the defendant’s neglectful behavior and the plaintiff’s suffered losses, then the court is likely to pry further into that connection in order to determine whether the plaintiff suffered as a direct result of the defendant’s actions.Statistically, the most common cases in which pain and suffering damages are granted, are the following:
• The plaintiff suffers emotional trauma, such as PTSD, depression, or anxiety
• The plaintiff sustained physical injury with long-term effects
• The plaintiff is grieving a lost loved one
• The plaintiff is left unable to enjoy personal activities
• The plaintiff’s life expectancy was shortened
It should be noted that phantom pain, which is commonly experienced by victims who lost a limb, is also a form of pain and suffering which can lead the court to award damages. This is despite the pain being psychological in nature, since the pain exists in a limb that is no longer there. Additionally, to the pain and suffering damages, the court may also grant the plaintiff additional compensation for medical expenses that resulted from the amputation. Such costs will be covered by the defendant whose actions led to the accident that cost the plaintiff their limb. However, the plaintiff needs to be represented by an able and experienced lawyer so that his or her rights are protected.
How Can I Prove My Pain And Suffering?
In order to be awarded with such damages, you will need to file a lawsuit together with a Personal Injury Lawyer in Fredericton who has experience with cases similar to yours. This attorney will be able to help you gather all necessary documentation to back up your claim and prove the reality of your suffering, be it psychological or physical in nature. That is the only thing that will help you get the compensation that you deserve.