Pain and suffering damages refer to the non-economic losses for a personal injury. They are distinct from economic damages, which represent the actual financial harm suffered by the victim(s).
Although economic damages often make up a significant portion of the recoverable compensation in a personal injury claim, damages for pain and suffering, outside of physical pain, may exceed these losses in cases involving serious and catastrophic injuries.
It is crucial to account for all of the damages you may be able to recover if you were injured by someone else’s negligence. A Connecticut personal injury attorney at The Flood Law Firm can evaluate your claim and advise you how much your case may be worth.
Can I Sue for Pain and Suffering Damages in a Personal Injury Claim?
Unlike many other states, Connecticut has not implemented damage caps or other limitations on compensation for pain and suffering. As such, you can pursue pain and suffering damages (known more broadly as non-economic damages) in any type of personal injury claim. This includes claims involving:
To recover damages, you must present evidence that you have suffered physical, mental, and emotional pain and suffering as a result of the accident or injury. Proving that you are entitled to damages for pain and suffering, in addition to physical injury, is more challenging than establishing your right to compensation for economic damages.
How Do I Recover Pain and Suffering Damages?
Economic damages are pecuniary in nature. They consist of monetary losses, and they are often supported by documentary evidence such as bills, receipts, and more.
Non-economic damages, on the other hand, are non-pecuniary. They consist of the adverse impact on your physical health, your mental anguish, and your emotional well-being. This makes damages for pain and suffering and other non-economic losses more difficult (but not impossible) to calculate.
Your testimony and testimony from family and friends can help establish your right to pain and suffering compensation. Further support can be provided by medical professionals and other expert witnesses who can testify as to how your injuries affect you physically, mentally, and emotionally.
The seriousness of your injuries will play a large part in your ability to recover compensation for pain and suffering. Injuries resulting in permanent impairment, significant disfigurement, and other life-altering effects are likely to be valued much higher than cases of minor injury with no long-term impact.
Can I Sue for Pain and Suffering Damages in a Wrongful Death Claim?
Pain and suffering damages are recoverable in wrongful death claims as well. However, only the conscious pain and suffering of the deceased prior to death is compensable; damages cannot be recovered for the pain, grief, and other mental and emotional anguish suffered by surviving family members.
The evidence must show that the deceased individual consciously experienced pain, emotional distress, etc. prior to death. If the accident left the victim unconscious and insensible to pain before he or she passed away, these damages will not be recoverable.
How Does Comparative Negligence Affect My Recovery of Pain and Suffering Damages?
If you are partly at fault for the accident or injury, you are not barred from recovering compensation so long as your negligence is “not greater than the combined negligence of the person or persons against whom recovery is sought.” However, any compensation will be reduced in proportion to your share of the fault.
A finding of comparative negligence diminishes your recovery as a whole, not pain and suffering compensation specifically. However, any reduction of damages can make it more difficult to overcome the challenges posed by a personal injury – physical, emotional, and psychological, as well as financial.
So, it is important to work with an experienced personal injury attorney who can build a strong case and pursue maximum compensation on your behalf. Defendants and insurance companies often try to pay less than claims are worth or deny compensation altogether by arguing that the victim is entirely to blame. Hiring qualified legal counsel is the best way to counter these tactics and get you the compensation you deserve.
Contact a Connecticut Personal Injury Attorney Today
You cannot count on insurance companies to calculate pain and suffering in order to compensate you fairly when you are injured by someone’s negligence. This is especially true of pain and suffering damages, which are frequently undervalued – or not considered at all – in insurance settlements.
The Flood Law Firm is committed to pursuing maximum compensation on your behalf. If you have been injured through no fault of your own or lost a loved one due to the carelessness of another, we collect the evidence, identify the liable parties, and pursue a favorable outcome through settlement negotiations and (if necessary) by going to court. Our results speak for themselves.
For a free consultation, please call The Flood Law Firm at (860) 346-2695 today. Our Connecticut personal injury attorneys serve clients statewide from offices in Middletown, Danbury, Bridgeport, and Waterbury.
