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Pain and Suffering

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.

Essentially, 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.

Attorney 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 Anderson Carey Williams & Neidzwski, 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.

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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 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, negligent infliction of emotional distress (both tort claims).
  • Mental Anguish – similarly, mental anguish is non quantifiable. Mental anguish may include fright, feelings of distress, anxiety, depression, or grief. Generally, there must be some sort of compensable harm either to a person or property to trigger mental anguish.
  • Embarrassment or Humiliation – Generally, damages for embarrassment and humiliation are the result of the embarrassment associated with a disfigurement or deformity due to the accident, such as scars.

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What Are Non-Economic Damages

Damages for pain and suffering are non-economic damages. 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.

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How to Prove Pain and Suffering

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 attempt to show at least some of the following:

The mental and physical anguish suffered in the past, may be expected to continue into the future with reasonable predictability.

The effect that the plaintiff’s injuries has had on his or her mental or physical health;

The disfigurement along with the humiliation or embarrassment associated with the disfigurement.

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Find an Attorney for Pain and Suffering Claims in Washington, Oregon, California, and Alaska

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, 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, with offices in Portland, OR, Seattle and Bellingham, WA, or San Francisco, CA.

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!

This article was last updated on Tuesday, July 31, 2018.

  • The Maritime Law Association of The United States
    The Maritime Law Association of the United States (MLA) was founded in 1899. Its formation was prompted by the organization, some three years earlier, of the International Maritime Committee.
  • Washington State Bar Association
    The Washington State Bar Association operates under the delegated authority of the Washington Supreme Court to license the state's nearly 40,000 lawyers and other legal professionals.
  • Oregon State Bar
    The Oregon State Bar is a government agency in the U.S. state of Oregon. Founded in 1890 as the private Oregon Bar Association, it became a public entity in 1935 that regulates the legal profession.
  • Alaska Bar Association
    The Alaska Bar Association is a mandatory bar association responsible to the Alaska Supreme Court for the admission and discipline process of attorneys for the State of Alaska.