WHAT IS PAIN AND SUFFERING?
In legal terms any physical or psychological stress caused from an injury is called pain and suffering. The injury may be caused by the negligence of a person or entity. Any intentional harm done by a person also comes under the purview of personal injury. In the state of Louisiana there are specific laws to address pain and suffering cases. The damages covered under pain and suffering include aches and pains, permanent limitation on activity, potential effect on longevity, depression and any permanent scars.
DAMAGES IN PAIN AND SUFFERING LAWSUITS
Whenever a lawsuit is filed as a result of an injury, seeking compensation for the pain and stress caused by the injury is common. You can also seek damages for the money lost due to the injury and the consequential pain and suffering. In a lawsuit, pain and suffering is part of the “general damages” section of the claimant’s claim. It is an element of “compensatory” non-economic damages that allows recovery for the mental anguish and/or physical pain endured by the claimant as a result of injury for which the plaintiff seeks redress.
In addition to the money damages awarded in trial, you can also seek money damages in mediations, arbitrations and in routine insurance settlements. This is a common practice outside the judicial system. As a claimant you should be forthcoming in seeking these additional damages. No matter whether you are an individual claimant or a lawyer represented person, it is your right to ask the insurers to settle the money. In the court litigated pleadings, any demands for compensation against bodily harm are often treated as damages. Demands are usually written summaries of a claimant’s medical care and the facts which resulted in the injury.
When you suffer an injury as a result of negligence or intention, you may incur significant medical expenses. You need a personal injury lawyer to help you get financial compensation for your losses. Contact the Law Offices of L. Clayton Burgess to schedule a free consultation with our legal team.
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