Types of Pain & Suffering Damages in Personal Injury Lawsuits

Legally Reviewed and Edited by: Terry Cochran

Personal injury accidents often cause both physical and emotional harm. In addition to medical costs, lost wages, and property damage, you may experience pain and suffering that impacts your well-being.

While many people know they can seek compensation for their financial losses, they may not realize they can also be compensated for non-economic damages. These can include intangible harm like chronic physical pain and emotional distress.

Explore the types of pain and suffering damages you can seek in a personal injury lawsuit with the help of our experienced personal injury attorneys at Cochran, Kroll, & Associates, P.C. We will pursue the full compensation you deserve for your physical injuries and the emotional impact of the accident.

When Can You Seek Pain and Suffering Damages in a Personal Injury Lawsuit?

In Michigan, personal injury law allows an injured person to sue for pain and suffering damages if their injuries meet the serious injury threshold. This standard requires that the injury causes significant impairment of a bodily function or results in permanent disfigurement.

Non-economic compensation is commonly sought in personal injury cases, such as car accidents, slip and falls, and medical malpractice, particularly when catastrophic injuries occur. These types of injuries often result in long-term physical and emotional consequences, and pain and suffering damages aim to address that impact.

Michigan’s statute of limitations for personal injury claims is generally three years from the accident date, so it’s important to take action within that timeframe. Our personal injury lawyers can help you with these requirements and pursue full compensation.

What Are the Different Types of Pain and Suffering Damages in Michigan?

When you file a lawsuit after suffering a personal injury accident, you can seek multiple types of pain and suffering damages from the at-fault party’s insurance company. These can include:

Loss of Enjoyment of Life

Loss of enjoyment of life refers to how an injury can take away the ability to participate in activities that once brought joy and fulfillment. Whether pursuing hobbies, maintaining social connections, or seizing career opportunities, these aspects of life may no longer feel within reach.

A spinal cord injury, for example, might prevent you from enjoying bowling, swimming, or sharing moments of intimacy with your partner. This loss often comes with a heavy emotional burden. Being unable to engage in the activities you once valued can lead to feelings of isolation, frustration, and sadness. A personal injury lawsuit can help you seek compensation for this impact, addressing the emotional toll on your overall well-being.

Emotional Distress

Emotional distress refers to the psychological effects that can arise from a personal injury. While physical injuries are often the most visible, the emotional impact can be just as significant.

After an accident, you might experience anxiety, depression, fear, or post-traumatic stress disorder (PTSD) that interferes with your daily life and well-being. You may require costly psychotherapy and medication treatment to help you manage these symptoms and rebuild your life.

In a personal injury claim, emotional distress damages compensate you for these mental struggles and related costs. They acknowledge an injury’s invisible but real impact on your well-being, offering relief for the immediate and long-term emotional challenges you face.

Loss of Society and Companionship

Loss of society and companionship refers to an injury’s emotional impact on your relationships, especially with close family members. After a serious injury, your ability to engage in meaningful interactions, provide emotional support, or maintain companionship may be diminished.

This loss can affect spouses, children, and other family members who rely on your presence and connection. Seeking these damages helps address the emotional void created when your relationships suffer due to the limitations caused by your injury.

Humiliation

Humiliation damages address the deep emotional pain caused when an injury affects your sense of dignity or self-worth. Physical injuries, disfigurement, or circumstances resulting from the accident can lead to feelings of embarrassment, shame, or social anxiety.

Whether scars, disabilities, or changes in your appearance or abilities, these damages recognize how an injury can make you feel exposed or vulnerable. In a personal injury lawsuit, compensation for humiliation accounts for the emotional suffering and social stigma that often accompany these difficult changes.

Physical Pain and Suffering

Physical pain and suffering refer to the discomfort caused by an injury immediately after the accident and over the long term. It includes the intensity, duration, and overall impact on daily life, ranging from sharp, acute pain during recovery to chronic, lingering discomfort long after the initial injury.

For example, injuries like broken bones, nerve damage, or severe burns can lead to ongoing pain that affects your ability to perform routine activities or enjoy life. This suffering may also require ongoing medical treatments, physical therapy, or medications, adding to the overall toll of the injury.

At Cochran, Kroll, & Associates, P.C., our skilled attorneys will help you seek fair compensation for your discomfort and how it has altered your daily life. Whether your pain is temporary or long-lasting, we will pursue a damage award that reflects the full physical impact of your injury.

Exemplary Damages

Exemplary damages can be awarded in some instances, including those involving gross negligence or intentional misconduct. However, exemplary damages in Michigan are aimed at compensating the victim for non-economic harm (such as emotional distress or humiliation) rather than punishing the defendant. These damages are meant to recognize the emotional or personal suffering caused by the defendant’s reckless or harmful behavior.

What Do You Need To Prove Pain and Suffering in Michigan?

Because pain and suffering damages aren’t as easily measurable as medical bills or lost wages, specific evidence is needed to prove your injury’s emotional and physical impact. These intangible losses are harder to quantify, so strong documentation is crucial to demonstrate their effect on your life.

Some types of evidence that can be used to prove pain and suffering include:

• Medical records showing the severity and duration of your injuries
• Written statements from mental health professionals regarding the emotional toll of your injuries
• A personal journal documenting your pain levels, life changes, and impact on daily activities
• Testimonies from family and friends about how your injuries have affected your relationships and quality of life
• Expert medical testimony detailing the long-term impact of your injuries

Our experienced attorneys at Cochran, Kroll & Associates, P.C. will help you pursue pain and suffering damages by demonstrating how your injuries have impacted your well-being. We’ll guide you in gathering essential evidence and advise on the documentation needed to strengthen your case.

Senior partner and registered nurse Eileen Kroll will review your medical records to help identify the pain and suffering damages you may qualify for. She also consults with medical experts to further support your claim, ensuring every aspect of your suffering is thoroughly represented.

Maximize Your Pain and Suffering Compensation

If you are the victim of a personal injury accident, you deserve fair compensation for the harm and suffering your injury has caused. At Cochran, Kroll & Associates, P.C., our qualified attorneys will help you determine the full scope of non-economic damages and include them in your settlement. Contact us for a free consultation to begin building a solid case for your 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 1-866-642-4529 or 1-866-MICHLAW and schedule your no-obligation, free case evaluation.

FAQs

How are pain and suffering damages calculated in Michigan personal injury cases?

Pain and suffering damages are calculated based on the severity and duration of your injury and how it has affected your quality of life. Factors include the nature of your injuries, the pain experienced, and the impact on daily activities and enjoyment of life.

Can I recover pain and suffering damages if I was partially at fault for my injury in Michigan?

Under Michigan’s modified comparative negligence rule, you can recover pain and suffering damages if you’re less than 50% at fault. However, you cannot recover non-economic damages if you’re 50% or more at fault.

How much can I sue for emotional distress in Michigan?

Michigan doesn’t cap emotional distress claims, except in medical malpractice cases, where non-economic damages are capped at $1,016,000. Your compensation depends on the severity of distress and its impact, which your attorney will evaluate with experts.

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.