Pain and suffering is a type of damages that could be recoverable after an injury. Many people do not quite realize what this is, despite hearing it all the time in the news and movies, or from family and friends.
Damages are what you can sue for when you have been injured in some way. They are the losses or harms you have suffered as a result of the wrong actions of another. The two largest categories of damages are economic and non-economic damages. Economic damages include things like costs for medical care, lost wages, and lost future earnings. Non-economic damages cover the kinds of harms that are not so easy to measure such as pain and suffering, emotional distress, and loss of companionship. Whereas the first category is relatively easy to figure out and assign numbers to, the second category often requires a jury to carefully consider what the damages are worth.
Pain and suffering is the physical and mental stress that a victim has gone through, and may continue to go through, because of the injuries caused by a wrongdoer.
Physical pain and suffering is the pain the victim suffers from the physical injuries themselves.
Mental pain and suffering results because of the physical injuries and can consist generally of negative emotions or mental conditions, trauma, and mental illness. Some types of mental pain and suffering include:
Michigan is a no-fault insurance state, which means that motorists must purchase at least a basic no-fault insurance plan in order to get plates and register a vehicle. Regardless of who is at fault, the no-fault insurance provider will cover the driver, immediate family members, passengers, and even other drivers depending on the situation. The trade-off is that the insured gives up the right to sue for damages in most situations. The insurer would cover all of the medical expenses and a limited lost wages, replacement services, and rehabilitation services.
In some serious accident situations, you may still be able to sue for other or additional damages, including pain and suffering. If you suffer death, serious impairment of body function, or permanent serious disfigurement, then you can file suit in court. But you must show that you actually suffered an injury severe enough to be in this class, that the injury was caused by the defendant, that being injured caused you pain and suffering, and that the defendant is at least 50% at fault.
Once these are shown, then the jury decides how much you receive to cover your pain and suffering. There is no clear cut way behind deciding, and it can be a bit more of an art than a science. The jury can take into account a number of factors including the severity of the injury, loss of types of recreational activities, loss of the ability to do certain practical activities, and loss of participation in potential future activities.
How much a jury can award you will vary from case to case depending on each jury's weighing of factors for and against a dollar amount. This is why you need an experienced Michigan attorney who can make the case for the compensation you need and deserve. It won't just be dropped in your lap.
If you or a loved one needs to speak with a Detroit personal injury attorney, contact our Detroit law firm at (313) 965-3464 or fill out our online form. Consultations are free and confidential.
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