When Can You Sue For Pain And Suffering?

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

When Can You Sue For Pain And Suffering?

Legal cases that involve pain and suffering can vary greatly. A personal injury case can cause the victim to pay medical bills, damaged property, and lost wages, but it's also possible to recoup damages for pain and suffering. Pain and suffering places a monetary value on past and future physical and mental suffering, but it's best to contact a Pawleys Island lawyer to discuss your case to determine if pain and suffering can be included in your claim.

Pawleys Island Lawyer For Pain And Suffering

When a victim suffers severe physical damage, it is highly likely an award for pain and suffering damages will be granted. Physical suffering can lead to mental agony for an extended period of time after an accident. For example, a car accident that causes significant damage to your arm may leave you with the inability to type on a computer at work and the emotional stress of not being able to make an income. These types of injuries – both physical and mental – can potentially be included in a pain and suffering claim.

An experienced Pawleys Island lawyer will explain that there is no set amount allotted to victims of pain and suffering cases. A jury often takes into consideration a number of factors, including:

  • The victim's age. When a young person is severely injured, the case may garner a great financial award because the victim will have to sustain the physical and mental pain for a longer period of time.
  • The severity of the injury. If it's determined an injury may cause long-term pain or need ongoing care, the compensation granted for pain and suffering is much greater.
  • The extent of suffering. Extensive pain at the time of the accident and for a period of time afterwards often calls for more compensation. A slight injury that is more an annoyance will not convince the jury of your pain and suffering.

When a personal injury case involving a pain and suffering claim goes to court, the jury is asked to use its best judgement to determine how much the victim should be awarded. The State of South Carolina has a statute of limitations of three years for personal and property damage claims.

Pain And Suffering For Non-Physical Injuries

It's often the case that pain and suffering damages aren't awarded unless there's physical injury. However, your Pawleys Island lawyer can help you decide if your mental or emotional pain may be deserving of a financial retribution. It's common that victims offer suffer shame, fear, or anxiety following an accident, but money may not be awarded unless it's decided the defendant acted in an extreme manner.

Whether you were involved in an accident at work, an automobile crash, or injured on someone's property, it's important to contact a Pawleys Island lawyer right away to ensure you understand your rights. The Hopkins Law Firm is the trusted team that can help you understand your legal options.

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