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What Constitutes "Pain & Suffering"?

Physical pain, as well as both temporary and permanent limitations placed on the individuals life, constitute "pain and suffering" in a personal injury case. Such damage involved in pain and suffering include mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. Severe mental anguish can come in the form of depression, loss of appetite, lack of energy, sexual dysfunction, mood swings, and/or sleep disturbances, even PTSD.

How is pain & suffering calculated as far as compensation?

Judges and juries are left to determine the value of pain and suffering during the case. Judges mainly instruct juries to use their own good sense, background, and experience to determine what a fair and reasonable figure would be to compensate the plaintiff for their loss.

Factors which determine the value of the pain and suffering component include:

  • Credibility of the plaintiff
  • Consistency of their testimony
  • Possible exaggeration of their claims
  • Physician's support of their claims
  • Whether the claims make sense to the jury or not

If you have recently been injured, contact the Ft. Lauderdale personal injury attorneys at Rosenberg & Rosenberg, PA to learn more about potential compensation for your pain and suffering stemming from an accident. With over 100 years of combined legal experience, your case is in excellent hands and you can trust that they will strive to retain the highest compensation possible for you or your family.