Pain and Suffering: What You Need to Know

When someone’s carelessness leads a person to sustain injuries, the victim likely has grounds to file a personal injury lawsuit. The purpose of filing suit is to obtain compensation for the losses that the victim (known as the plaintiff) sustained because of the bodily injury. “Economic damages” refer to the monetary loses, such as medical expenses and lost wages. The plaintiff may also recover “non-economic damages. There is no specific dollar amount on non-economic damages, which include physical and emotional pain, loss of enjoyment, and other issues. They are often called pain and suffering.

Injured victims who contact us about filing a lawsuit often have questions about pain and suffering. How can the court put a price on physical and emotional anguish? The truth is, sometimes a person’s pain is an even bigger loss than his or her medical care. At Ostroff Injury Law, we seek the maximum dollar amount for our personal injury clients. That often means compensation for pain and suffering, too, because that’s what they deserve. Below are answers some common questions victims ask us.

How much can I expect from pain and suffering?

It’s impossible to calculate pain and suffering without first investigating all the details of a client’s case. How much the defendant will pay in non-economic damages depends on factors including:

• The severity and longevity of the plaintiff’s injuries,
• Whether existing injuries worsened as a result of the incident,
• The plaintiff’s loss of enjoyment of daily activities,
• Whether the victim’s spouse is enduring “loss of consortium,” meaning a loss of companionship, love, affection, etc.,
• The extent to which the injury has caused humiliation or damaged the victim’s reputation, and other factors.

When looking at all the losses a victim and his or her family have suffered, an experienced lawyer will be able to make an appropriate estimate regarding pain and suffering compensation.

Do you have to sue for pain and suffering?

Some of our clients who are reluctant to file a lawsuit ask us if it’s required to get pain and suffering damages. The answer depends on their individual cases and whether their injuries led to many of the factors listed above.

Some clients fear they will NOT be able to obtain non-economic damages due to constraints like limited tort insurance in Pennsylvania. However, our attorneys know the exceptions to the rules and frequently obtain pain and suffering damages for auto accident clients WITH limited tort insurance.

How can an experienced lawyer help obtain pain and suffering compensation?

The lawyers at Ostroff Injury Law have handled more than 25,000 personal injury claims across the state over the past 25 years. We have the experience to stand up to negligent parties who don’t want to pay for a victim’s pain and monetary losses. Our investigations are thorough, and we have a reputation for uncovering the critical details that maximize compensation for our clients.

If you or a loved one was hurt, seek medical attention right away. Then, act immediately to protect your rights. Please call our firm or fill out the online form to schedule a consult. We’ll explain the next steps, what you can expect, and how our firm can help you.