Delaware residents who find themselves injured in car, truck or pedestrian accidents often have questions about what pain and suffering means or how pain and suffering damages are decided.
Pain and suffering damages are meant to compensate an injured person for the following:
- loss of health,
- loss of enjoyment of life,
- loss of lifestyle,
- physical pain and discomfort,
- mental and emotional anguish and distress,
- embarrassment, and
- scarring/disfigurement.
Pain and suffering damages are generally not able to be quantified in the same way that medical bills or lost wages can. Read more about getting compensation for lost wages after a Delaware car or truck accident. In addition, every car or truck accident is different. A stay at home mom with young children has different pain and suffering than a teenager who misses significant time from school or an elderly man who has to undergo multiple surgeries as a result of a car or pedestrian accident.
Under Delaware law, damages for pain and suffering must be fair and reasonably determined. However, there is no standard or formula. Each case varies. Factors important in determining the nature and extent of pain and suffering include how long the suffering lasted, the degree of suffering and the nature, and extent of the injuries causing the suffering.
Suggested Reading: Documenting Pain and Suffering from your Delaware Personal Injury Accident
In addition to past pain and suffering, compensation may also include pain and suffering that will reasonably occur in the future. If there is a permanent impairment or reasonably certain future medical treatment, then pain and suffering is likely to occur in the future.
Proving Pain and Suffering Damages in a Car or Truck Accident Lawsuit
In a car, truck or pedestrian accident lawsuit, proving pain and suffering damages means proving how the accident affected the individual. Medical treatment and history will show the nature and extent of the physical injuries. Comparing pre and post accident activity levels often shows how an accident and resulting injuries have affected a person. A spouse, friends, neighbors, and co-workers may sometimes provide insight into these changes.
In addition, pictures can also show pain and suffering. Pictures of physical injuries can be powerful tools in showing the pain and suffering caused by a car or truck accident. It is best to speak to a knowledgeable car and truck accident lawyer to discuss proving pain and suffering in a specific case.
Related articles by a Delaware car/truck accident lawyer:
- Delaware No-Fault Car Insurance | Delaware No-Fault Truck Insurance Coverage
- Delaware Personal Injury Protection (PIP) | DE No-Fault Car Insurance Statute
Delaware Car & Truck Accident Lawyer with Over 30 Years of Experience
Since 1982, firm founder, Martin Knepper, has served residents of Delaware in all personal injury matters, including car accidents, truck accidents, and pedestrian accidents. Contact our accident lawyers today and ask for a free consultation. (302) 658.1717
Our lawyers serve residents throughout Delaware, including: Wilmington, Newark, Dover, Middletown, and Smyrna. For more information, please contact us.
*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing one of our lawyers does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.
