The Legal Information Institute at Cornell has defined “pain and suffering” as “[t]he physical or emotional distress resulting from an injury.” In a personal injury lawsuit, the amount of money for pain and suffering is awarded separately from typical damages, such as loss of income and medical expenses.
Types of Pain and Suffering
Calculating a dollar amount for pain and suffering is challenging, and many times victims are not even aware of the true legal extent of their injuries. In Florida, pain and suffering is typically divided into two main categories: physical and mental.
Physical Pain and Suffering
Physical pain and suffering includes the pain caused by the injury, both currently and in the future, and takes into account such consequences as the difficulty of performing the physical activities that the victim used to enjoy.
Some injuries, such as fractured bones, burns, amputations, and deep cuts can inflict nearly unbearable pain and suffering for long periods of time, or even for the rest of the victim’s life. Victims deserve to be compensated for these physical injuries.
Some common examples of injuries that cause physical pain and suffering include:
- Broken bones
- Nerve damage
- Burns
- Back injuries, including slipped disks
- Neck injuries
- Muscle strain or sprains
- Pulled muscles
- Head injuries, skull fractures, and other causes of headaches
- Spinal cord injuries
- Spine fractures
- Amputations
- Facial trauma
- Acoustic trauma
- Crush injuries
- Concussions
- Broken or dislocated jaws
- Cuts and puncture wounds
- Collapsed lungs
Mental Pain and Suffering
Mental pain and suffering includes the various negative emotions resulting from current and future injuries. These types of injuries can be as bad, as even worse than some physical injuries. Some common examples of mental pain and suffering include:
- Anger
- Frustration
- Cognitive changes after a head injury
- Distress, including the stress caused by physical injuries or disabilities
- Embarrassment
- Humiliation
- Psychological trauma
- Posttraumatic stress disorder (PTSD)
- Loss of sleep
- Lost enjoyment of life
- Diminished quality of life
- Loss of love and affection
- Loss of companionship
- Loss of parental guidance
- Loss of spousal intimacy
- Loss of household services
Clearly, the pain and suffering damages caused by personal injuries can be severe and far-reaching. Many victims never truly recover, and money damages are the least of what they’re entitled to.
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