Why Pain and Suffering Compensation Is More Complex Than You Think
Pain and suffering is the legal term for the physical and emotional harm you experience after an injury caused by someone else’s negligence. It is a form of non-economic damage, meaning it goes beyond bills and lost paychecks to cover the real human cost of being hurt.
Here is a quick overview of how pain and suffering compensation works:
- Pain and suffering includes both physical harm (chronic pain, loss of mobility, scarring) and emotional harm (anxiety, PTSD, depression, loss of enjoyment of life).
- It is separate from economic damages like medical bills, lost wages, and property damage.
- Awards vary by state, injury severity, and the ways in which you are able to prove your pain and suffering.
- Some states cap how much you can receive, especially in medical malpractice cases.
Most people focus on the tangible costs after an injury – the hospital bills, the time off work, etc. In some cases, though, non-economic damages could make up the majority of what injured people recover.
That gap between what you can document on a receipt and what your injury has actually cost you is exactly what pain and suffering compensation is designed to close.
Defining Pain and Suffering in Personal Injury Law
When we talk about pain and suffering in a legal context, we are looking at the “non-pecuniary” losses. In plain English, these are the losses that don’t come with a price tag attached. According to the Wex legal definition of pain and suffering, the term refers to the physical discomfort and emotional distress that are compensable as non-economic damages.
In tort law, the area of law that deals with civil wrongs, the goal is to “make the plaintiff whole.” If someone hits your car somewhere in Maine, the law says the person responsible should pay to make things right. But what about the fact that you can’t sleep because your back aches? What about the anxiety you feel every time you merge onto the Interstate now? That is where understanding pain and suffering damages becomes vital.
Pain and suffering is a broad umbrella that covers everything from the immediate sting of a broken bone to the long-term inconvenience of no longer being able to lift your grandchildren.
Distinguishing General Damages from Economic Losses
To build a successful claim, we first have to separate your losses into two buckets: Economic (Special) Damages and Non-Economic (General) Damages.
Economic damages are the easy ones. They are quantifiable. If you have a stack of medical bills from a hospital or a pay stub showing lost wages from your job, we can add those up on a calculator. These are out-of-pocket expenses that have a clear market value.
General damages, like pain and suffering, are subjective. There is no “market price” for a night of lost sleep or the fear of driving. While special damages compensate for specific financial losses, general damages address the inherent “cost” of the injury to your quality of life. At Garmey Law, we believe that just because a loss is harder to count doesn’t mean it’s any less real.
How to Calculate Pain and Suffering Damages
Because there is no “Pain-o-Meter” that gives us a dollar amount, calculating these damages requires a mix of logic, evidence, and, ultimately, the sound judgment of a jury. In Maine, juries have a great deal of discretion. They are asked to use their “common sense” to decide what is fair.
Proving Your Claim: Evidence and Legal Thresholds
In any legal claim, the “burden of proof” lies with us, the Plaintiffs. We have to prove not just that you were hurt, but how much you have suffered. This is particularly challenging with subtle TBI symptoms or internal emotional distress that doesn’t show up on an X-ray.
To win a fair award, we gather as much evidence as possible, which could include:
- Medical Records: The foundation of any claim.
- Therapist Notes: Essential for proving emotional distress.
- Personal Journals: A “pain diary” where you record your daily struggles can be powerful evidence.
- Expert Witness Testimony: Medical professionals who can explain to a jury why your injury is objectively painful.
Proving Pain and Suffering in Court
When a case goes to trial, we move beyond just medical imaging. We need to tell your story. This often involves:
- Psychiatric Reports: Documenting conditions like PTSD. PTSD symptoms can include flashbacks and severe anxiety that make normal life impossible.
- Before-and-After Witnesses: Friends, family, or coworkers who can testify to how your personality and activity levels changed after the accident.
- Photographs: Visual evidence of the injury and the recovery process.
Emotional Distress, Loss of Consortium, and Quality of Life
The impact of an accident ripples outward, affecting more than just the person who was hit. We often see emotional trauma in car accidents that impacts the entire family.
One major component of pain and suffering is the “loss of enjoyment of life.” This compensates you for the things you can no longer do. If you were an avid hiker and can no longer hit the trails, that is a compensable loss. If you can no longer play the piano or garden, that is a loss of life’s pleasures.
Another critical area is “Loss of Consortium.” This is a claim made by the spouse of an injured person. It covers:
- Loss of companionship
- Loss of spousal intimacy
- Loss of household services (like childcare or maintenance)
The mental health toll is also significant. Many of our clients deal with car accident PTSD, which can make returning to a normal routine feel impossible.
Frequently Asked Questions about Pain and Suffering
How much is the average pain and suffering settlement?
There is no “average” because every case is unique.
Can I claim pain and suffering without a physical injury?
In some cases, yes, though it is much harder. This is often called “Negligent Infliction of Emotional Distress.” Most successful claims in Maine, however, involve a “physical impact” or a physical manifestation of the emotional trauma. If you have suffered severe emotional distress without a physical injury, such as witnessing a traumatic event involving a loved one, you should consult with us to see if you have a viable claim.
Take the Next Step Toward Fair Compensation
At Garmey Law, we understand that an injury is about so much more than just a broken bone or a dented bumper. It’s about the weeks of missed sleep, the anxiety of getting back on the road, and the frustration of a life put on hold. We have dedicated our practice to “underdog” representation, taking on insurance giants and large corporations to ensure our neighbors across Maine receive the justice they deserve.
Our approach combines aggressive advocacy with compassionate legal counsel. We know the tactics insurance companies use to minimize your pain and suffering, and we know how to counter them with hard evidence and a compelling narrative.
If you or a loved one has been injured, don’t settle for a check that only covers your hospital bills. You deserve to be compensated for the full human cost of your injury.
Contact Garmey Law today for a free case evaluation. Let us help you secure the fair settlement you need to move forward.