One of the most notable types of damages is a claim for pain and suffering. What most people do not know, however, is that damages for pain and suffering are among the most difficult damages to prove.
Essentially, pain and suffering refers to an individual’s inability to lead a normal life due to the physical or mental anguish caused by a defendant’s negligent or intentional actions.
Pain and suffering awards are a type of non-economic damages, meaning that such damages do not have a readily quantifiable monetary value.
If you or someone you know has been injured due to the wrongful acts of another and has suffered mental or physical anguish, contact an experienced maritime personal injury attorney at Anderson Carey Williams & Neidzwski.
Our lawyers are skilled litigators and zealous negotiators who will fight to get you the best possible settlement for your circumstances. Our office takes clients throughout Alaska, Oregon, Washington, and California.
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What exactly constitutes pain and suffering in Seattle, Washington, can be a point of confusion for individuals involved in personal injury lawsuits. Many people think of emotional distress when discussing pain and suffering, but there are other forms of pain and suffering as well.
Below are some examples:
Emotional Distress – the most common form of pain and suffering is emotional distress. It can be classified as intentional infliction of emotional distress or negligent infliction of emotional distress (both tort claims). Such emotional distress is caused by extreme and outrageous conduct by the defendant.
Mental Anguish – similarly, mental anguish is non quantifiable. Generally, a person has to show that he or she is or has been suffering such anguish for a long period of time.
Embarrassment or Humiliation –Generally, embarrassment and humiliation damages are the result of the embarrassment associated with disfigurement due to the accident, such as scars.
Non-economic damages are those that do not have a tangible, quantifiable dollar value. Since non-economic damages do not have a dollar value, they are generally a lot harder to prove.
Non-economic damages are a form of compensatory damages. Compensatory damages are those that are intended to compensate the victim for his or her loss due to the defendant’s wrongful actions.
Pain and suffering is very difficult to prove. With that said, a plaintiff in a maritime personal injury case, who is requesting an award for pain and suffering should at least attempt to show the following:
If you or someone you know has been injured at the hands of another person’s negligence or intentional act in a maritime venture, contact the experienced personal injury attorneys at Anderson Carey Williams & Neidzwski.
Our lawyers have developed a niche in maritime and admiralty law and have practiced in courtrooms and at negotiation tables throughout the Northeast Coast, in Portland, OR, Seattle, WA, or San Francisco, CA.
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This article was last updated Friday, August 25, 2017.
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