What do we mean by Pain and Suffering Compensation?
Technically, it is called “non-pecuniary” compensation. That means that it is meant to cover the kinds of losses which money really cannot make up for. If your face is disfigured in a car accident, if you suffer chronic depression following a fall, if your injuries have caused you to miss out on soccer, biking and skiing – these are all losses related to the enjoyment of life.
Our firm will press you for lifestyle impact statements from time to time. These are critical to your case. We need to know all the losses you have suffered, big and small. From not being able to play with grandchildren, to being too fatigued to golf any longer – these are all factors which will affect whether the pain and suffering compensation will be large or small.
Many years ago, the courts capped pain and suffering compensation at $100,000. Adjusted for inflation, that number is now $390,000. That really is a shame, because most court awards are made with reference to that number as a yardstick.
In other words, if $390,000 is the most a paraplegic or severely brain damaged survivor can obtain for pain and suffering is a little under $400,000, a fractured hip or chronic depression will be only a fraction of that amount.
For more information on Pain and Suffering Compensation, along with an explanation of the 2 other common sources of compensation in personal injury or long-term disability claims, view the below video.