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What type of compensatory damages will pay for pain and suffering?

Published in General Damages 3 mins read

Pain and suffering are compensated under General Compensatory Damages, which account for the broader, more subjective impacts of an injury on a victim's life.

Understanding General Compensatory Damages

General compensatory damages are a crucial component of personal injury claims, designed to provide restitution for the non-economic losses experienced by an injured party. Unlike specific financial losses, these damages reflect the profound and often intangible consequences an injury has on a victim's overall well-being. They encompass the emotional and physical distress that arises directly from the injury, reflecting the broader impact of the injury on the victim's life.

The Nature of Pain and Suffering

Pain and suffering is a comprehensive term that covers a wide range of subjective experiences resulting from an injury. It includes not only the immediate physical discomfort but also the long-term emotional distress and psychological impact. This can manifest as:

  • Physical Pain: This covers chronic or acute physical discomfort, aches, and limitations resulting from the injury.
  • Emotional Distress: This includes psychological impacts such as anxiety, depression, fear, anger, frustration, post-traumatic stress disorder (PTSD), and shock.
  • Loss of Enjoyment of Life: This refers to the inability to participate in hobbies, sports, social activities, or daily routines that were once enjoyed before the injury.
  • Disfigurement: Physical scarring or changes to appearance that affect self-esteem and social interactions.
  • Loss of Consortium: The negative impact on marital or familial relationships due to the injured party's physical or emotional changes.

Quantifying pain and suffering can be complex, as it involves assessing highly personal and subjective experiences. Legal professionals and courts typically consider the severity and duration of the injury, the impact on daily life, the need for ongoing medical treatment, and prognosis when determining an appropriate amount.

Differentiating Compensatory Damages

Compensatory damages are broadly categorized into two main types to cover different aspects of a victim's losses. While general damages address subjective impacts like pain and suffering, special damages cover objective, quantifiable economic losses.

Type of Damage Description Examples (Non-Exhaustive)
General Compensatory Reflects the broader, more subjective impacts of an injury on a victim's life. Pain and Suffering (physical pain, emotional distress), Loss of Enjoyment of Life, Disfigurement, Mental Anguish, Loss of Consortium.
Special Compensatory Covers specific, quantifiable financial losses directly resulting from the injury. Medical Bills, Lost Wages, Property Damage, Future Medical Expenses, Loss of Earning Capacity.

Understanding this distinction is vital, as both types of damages work together to provide comprehensive compensation, aiming to restore the injured party to their pre-injury state as much as possible after an accident or injury.