Pain and suffering is a primary element of general damage claims in personal injury cases
Pain and suffering allow for compensation for one’s pain, distress, and suffering caused by the physical injury and the limitations that resulted from the injury.
Pain and suffering may include frustration, regret, distress, hurt, hopelessness, and despair. Plaintiffs are allowed to prove damages for past and future pain and suffering.
Pain and suffering are sense perceptions all of us have experienced to one degree or another. Yet when it comes to quantifying pain and suffering as an element of poof, it can get unnecessarily abstract and complex.
For example, the degree of pain and suffering is often valued and measured against what the plaintiff is no longer able to enjoy, such as sports, social activities, and wellness exercises such as yoga and meditation due to the plaintiff’s pain and physical limitations caused by the accident.