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What Counts as Pain and Suffering in Court?

Home / Blog / Uncategorized / What Counts as Pain and Suffering in Court?
January 28, 2022
Uncategorized

What Counts as Pain and Suffering in Court?

When considering filing a personal injury claim, it is important to understand what qualifies as pain and suffering and how it relates to your unique claim. Generally, and physical or mental pain that you sustain and then have to endure from an accident or an injury qualify. If you or someone you love has been hurt in an accident, it is important to get the right personal injury lawyer like Presser Law P.A.

Here are more specified circumstances taken into consideration for pain and suffering settlement:

Loss of a Loved One

If your claim involves the loss of a loved one, also referred to as a “loss of consortium”,  you may be able to win a pain and suffering settlement. The mental strain produced from the loss of someone important to you is hard. These are some of the people who qualify as a loss of consortium:

  • Parents
  • Close friends
  • Those who provide household needs
  • Spouses
  • Family members

If your claim relates to the loss of one of the above people, consider consulting with a personal injury lawyer to investigate the possibility of receiving a settlement based on pain and suffering. Others may also qualify as loved ones depending on the circumstances. 

Presser Law P.A. has been serving the community for decades and understands the importance of working with clients to develop a plan that is designed to meet their needs. Our team is committed to providing personalized service in order to find an outcome that will offer peace of mind during this difficult time. We work tirelessly on behalf of our clients by striving for excellence in every aspect including customer care, communication, advocacy and accountability.

Physical Pain or Injury

If your situation relates to pain from an injury or accident, you will likely be able to claim pain and suffering. Pain and suffering that occurs and persists after an accident sustained in the workplace, from someone else’s error or negligence, etc. may qualify. When a significant injury is sustained, it’s likely to be considered a valid cause for a claim. Here are several scenarios which constitute physical pain or injury:

  • Broken or dislocated bones
  • Organ damage
  • Nerve damage
  • Muscular damage

Many other types of injury involving lasting pain or dysfunction also qualify. Consult with a lawyer to further decide if your injury or lasting pain could qualify for a pain and suffering-related settlement.

Emotional Or Psychological Damage

If your situation involves emotional disturbance or cognitive damage, a pain and suffering claim is within the realm of possibility for you. Here are some scenarios that may qualify as emotional or psychological pain and suffering:

  • Events causing PTSD
  • Cognitive dysfunction resulting from a brain injury
  • Worsening of quality of life
  • Events resulting in trauma
  • An otherwise altered emotional state resulting from the concerned event or events

If you’ve been injured in an accident and are in need of a personal injury lawyer look no further than Presser Law P.A. Our team of experienced attorneys has the skill and knowledge to get you the compensation you deserve for your injuries. We understand how difficult it can be to cope with an accident, so let us take care of everything for you while you focus on recovering. 

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