One of the most notable types of damage claims is 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.
Pain and suffering refers to the physical or mental anguish caused by a defendant’s negligent or intentional actions, spanning from the time of the injury to the current date, as well as future detriment the injured party will suffer.
Pain and suffering awards are a type of non-economic damages, meaning that such damages do not have a readily quantifiable monetary value.
BoatLaw, LLP is a maritime injury law firm representing injured maritime workers, longshoremen, dock workers, and defense base employees nationwide. We fight for maximum compensation, even if your claim was previously denied. With decades of success in worker’s compensation, injury, and wrongful death cases, our experienced attorneys are ready to protect your rights. Call 1-800-BOATLAW today for a FREE, no-obligation consultation, or submit a contact form and our legal team will reach out to you ASAP.
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Attorneys for Pain and Suffering in Washington, Oregon, California, and Alaska
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 injury attorney at BOATLAW, LLP.
Our lawyers are skilled litigators and zealous negotiators who will fight to get you the best possible compensation for your circumstances. Our office takes clients throughout Alaska, Oregon, Washington, and California.
Call 1-800-262-8529 to schedule a one-on-one, no-obligations consultation with one of our attorneys.
Information Center
- Types of Pain and Suffering
- Non-Economic Damages
- How to Prove Pain and Suffering
- Find An Attorney for Pain and Suffering Damages
Types of Pain and Suffering
What exactly constitutes pain and suffering can be a point of confusion for individuals involved in personal injury lawsuits. Many people think only of emotional distress when discussing pain and suffering, but there are other forms of pain and suffering as well.
Below are some of the most common examples of pain and suffering damages:
- Emotional Distress– the most common form of pain and suffering is emotional distress. Claims for emotional distress can be for the intentional infliction of emotional distress or for the negligent infliction of emotional distress (both tort claims).
- Mental Anguish– mental anguish is also non-quantifiable. Mental anguish may include fright, feelings of distress, anxiety, depression, and/or grief. Generally, there must have been some compensable harm, either to a person or property, to allow for the recovery of mental anguish damages.
- Embarrassment or Humiliation– damages for embarrassment and humiliation are often the result of the embarrassment associated with a disfigurement or deformity due to an accident (e.g. scars).
Non-Economic Damages
Damages for pain and suffering are considered non-economic damages. Non-economic damages are damages that do not have a tangible, quantifiable dollar value (as opposed to damages like medical expenses, for which the quantifiable value is the charges from medical providers). Since non-economic damages do not have a dollar value, they are generally hard to prove. Non-economic damages are a form of compensatory damages. Compensatory damages are damages that are intended to compensate the victim for their injury or loss due to the wrongful actions of another person or entity.
How to Prove Pain and Suffering
Pain and suffering damages can be very difficult to prove. A plaintiff in a maritime personal injury case who is attempting to recover for pain and suffering should attempt to show at least some of the following:
- That the mental and physical anguish suffered in the past may be reasonably expected to continue into the future;
- The effect that the plaintiff’s injuries has had on their mental or physical health; and
- Some kind of disfigurement or deformity, along with any humiliation or embarrassment that resulted from that disfigurement or deformity.
Find an Attorney for Maritime Pain and Suffering Claims in Washington, Oregon, California, or Alaska
If you or someone you know has been injured in a maritime venture due to another person’s negligence or intentional act, contact the experienced maritime attorneys at BoatLaw, LLP.
Our lawyers have developed a niche in maritime and admiralty law and have practiced in courtrooms and at negotiation tables throughout the Pacific Northwest. We have offices in Seattle and Bellingham, WA, Los Angeles and San Francisco, CA, and Portland, Oregon.
Call 1-800-262-8529 now or fill out our online contact form to schedule a one-on-one consultation with one of our lawyers.
