Types of Pain & Suffering Damages in Personal Injury Lawsuits
Legally Reviewed and Edited by: Terry Cochran
When determining compensation in a personal injury accident, understanding the types of pain and suffering damages in personal injury lawsuits is critical. Whether you sustained your injuries from a car accident, medical malpractice, nursing home abuse, or a slip-and-fall accident, you can receive damages for enduring physical and emotional pain and suffering.
Learn about the various types of pain and suffering damages you can seek in Michigan in personal injury lawsuits. The experienced personal injury attorneys at Cochran, Kroll, & Associates, P.C., can help you estimate your damages and include them in your personal injury settlement claim.
What are the Different Types of Pain and Suffering Damages in Michigan?
Michigan personal injury lawsuits may include pain and suffering damages to compensate you for the emotional and physical effects of your injuries. These damages include lingering physical pain, emotional distress, and other conditions resulting from the negligent actions of another person.
Loss of Enjoyment of Life
Loss of enjoyment refers to any damages from a physical or mental injury that change your ability to participate in activities you enjoyed before the accident. These activities may involve hobbies, career opportunities, and social activities.
To be eligible for compensation based on personal injury claims, you must link your inability to enjoy activities to your injury, such as chronic pain or loss of function.
For instance, a physical condition, such as a spinal cord injury, can limit your ability to participate in activities that contribute to your happiness, such as bowling, swimming, or intimacy with your partner. Adults who have experienced a spinal cord injury are 79% more likely to suffer from psychological conditions like depression and anxiety compared to people who haven’t had such an injury.
If you experienced extreme fear or terror due to an accident caused by someone’s negligence, you could receive compensation for emotional distress. For instance, you may be diagnosed with post-traumatic stress disorder (PTSD) following a severe motor vehicle accident. Reliving the trauma can result in intrusive thoughts, disturbing dreams about the event, or the inability to drive or ride in a vehicle without emotional distress.
A psychotherapy and medication treatment program can help you regain control over your life and cope with the effects of PTSD. However, these services can cost thousands of dollars. Receiving damages for emotional distress can help you alleviate the financial burden to help you recover from the accident.
Loss of Society and Companionship
When a loved one sustained severe injuries from a car accident or died in a wrongful death, you may have experienced the loss of companionship. This type of pain and suffering damage can occur when an accident deprives you of the benefits of married life or parenting.
For instance, you and your spouse had a daily morning ritual of walking together at a park, but your spouse became paralyzed in a car accident. Since you can’t walk with your spouse anymore, you can include damages for the loss of society and companionship in your lawsuit.
Damages for humiliation are a form of compensation that falls under pain and suffering. Incidents or injuries that leave a victim feeling emotionally vulnerable or ashamed can cause embarrassment, humiliation, and indignity, which can be mentally debilitating.
For example, a slip-and-fall at a grocery store may cause you to feel foolish, while others may use abusive language referring to your scars due to your accident. The emotional impact of such experiences can be significant and affect your well-being.
Physical Pain and Suffering
You may experience physical effects that can persist for a long time, even after completing treatment and rehabilitation. Physical pain and suffering from an accident, such as neck pain from whiplash, can affect your quality of life.
Whiplash usually heals within a few weeks with pain medication and exercise. However, some individuals endure chronic neck pain for several months or years after their accident. These physical symptoms can interfere with the ability to work, engage in physical activity, or perform daily tasks.
What Do You Need to Prove Pain and Suffering in Michigan?
You need to establish the responsible party’s liability for your injuries to prove pain and suffering. For example, if you want to file a claim for a Michigan car accident, you must show the following:
- The driver owed you a duty of care to drive responsibly
- The driver failed to fulfill that duty due to negligent behavior
- You sustained injuries and damages as a result of their actions
In a car accident case, you must have suffered a severe, life-altering injury to receive damages for your pain and suffering. Your injury must be a serious or permanent impairment of a vital body function and have significantly impacted your quality of life.
With the help of our attorneys at Cochran, Kroll, & Associates, P.C., you can pursue various types of pain and suffering damages in personal injury lawsuits. The evidence our attorneys will use to demonstrate the impact of your injuries on your well-being may consist of the following:
- Medical records documenting the extent of your injuries
- Written opinions and notes from mental health professionals who can speak to the severity of the pain and suffering you are experiencing and how it affects your quality of life
- Detailed daily journal documenting pain levels, life changes, and impact on daily activities
- Statements from family and friends detailing how your injuries have impacted their relationship with you and your ability to do things you once enjoyed
- Expert medical testimony detailing the impact your injuries have had on your life
Our senior partner, Eileen Kroll, is a registered nurse who will review your medical records to help you understand the types of pain and suffering damages in personal injury lawsuits available. She can also provide medical advice and explain the necessary treatments, including physical therapy, to help you manage your pain and suffering.
Maximize Your Pain and Suffering Compensation with an Auto Accident Lawyer
Our experienced lawyers at Cochran, Kroll & Associates, P.C. can help you determine the non-economic damages in your settlement when you file your personal injury claim. We can explain how your injuries might affect your settlement and the types of pain and suffering damages in a personal injury lawsuit.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
How are pain and suffering damages calculated in Michigan personal injury cases?
Pain and suffering damages in Michigan are generally calculated based on the severity and duration of your injury and the impact it has had on your quality of life. Factors that may be considered include the nature and extent of your physical and emotional injuries, the degree of pain and suffering you have experienced, your ability to perform daily activities, and the effect on your overall enjoyment of life.
Can I recover pain and suffering damages if I was partially at fault for my injury in Michigan?
Michigan follows the modified comparative negligence rule of 50%, meaning that you might recover pain and suffering damages even if you were partially at fault for your injury. If your liability is 50% or over, you are barred from receiving non-economic damages.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.