The aim of a civil lawsuit is to recover damages. Damages are a way to monetarily compensate an injured party for any injuries suffered by them as a result of the actions of the defendant. The Colorado State Judicial Branch defines damages as:
The monetary compensation which may be recovered by a party for personal injury, or loss or damage to one’s property or rights as a result of another party’s unlawful act or negligence.
When a law suit is filed by a personal injury lawyer, the damages requested may include special damages, which cover the specific costs associated with the injury (such as medical costs) and also, possibly, punitive or exemplary damages, which are a way to punish the liable party for their actions. Pain and suffering damages cover the actual injuries suffered by a plaintiff. Pain and suffering damages cover physical pain and suffering caused by things such as broken bones, internal injuries and the like. Pain and suffering damages also cover what are sometimes more lasting effects of an injury, such as emotional problems due to the injury, scars, limits on activities and aches and pains.
An individual who is involved in a car accident and suffers injuries due to the negligence of the other driver would likely have a claim for damages. Common car accident injuries include broken limbs, lacerations and facial injuries, and also what is commonly known as whiplash. A broken bone is a painful condition which often requires surgery for repair. After the bone is set, a cast needs to worn for weeks or months, which means the individual will be limited in their activities for a long time. Additionally, physical therapy is often required after the cast is removed. The individual not only suffers the pain of the actual injury but also the pain and suffering involved in the recovery from the broken bone.
Facial injuries can include not only broken bones but also cuts and lacerations to the skin of the face. Such injuries not only cause physical pain, but can also cause a great deal of mental anguish, as some individuals feel embarrassed by their appearance after suffering a facial injury. In fact, such injuries can cause such strong feelings of isolation that the person may end up suffering from depression. Pain and suffering damages encompass the pain associated with not only the physical injuries to the face but also emotional suffering.
Even that ubiquitous soft tissue injury known as whiplash is covered under pain and suffering injuries. Personal injury lawyers have been the butt of many whiplash injury jokes, but despite this, it is a painful condition, one that should rightly be a part of a claim for pain and suffering damages. Individuals who are injured through another’s negligent actions should be compensated for their pain and suffering. A personal injury lawyer is the professional who can help such individuals recover the damages due to them.
Related posts:
