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One part of your injury compensation that you should expect to receive is the reimbursement of your medical related expenses, which is to ensure that you do not have any out of pocket costs for an injury that is not your fault. However, things get more complicated when you factor in pain and suffering damages. Here is how these factors come together to determine your total settlement.
Pain and Suffering
As the name implies, pain and suffering damages break down into two categories. There is the pain that you actually experienced as a result of the accident, which is both short term and long term pain. The nature of an injury could result in it being more painful and receiving more compensation as a result. If that injury has long term pain that may never go away, that is a factor that could lead to additional compensation since you can never fully recover.
Suffering categorizes all of your limitations as a result of the injury, both short and long term. For example, if you are temporarily using a wheelchair to recover from your injury, this is considered a form of suffering. If your injury is permanent and leaves you in a wheelchair for the rest of your life, you will receive more compensation as a result. Suffering can also include disfigurement as a result of the injury. It can range from a simple scar that never will go away, to a major disfigurement that will impact you for the rest of your life.
Mental Anguish
An injury can leave you in a mental state that impacts you for the rest of your life. It can lead to suffering from depression, anxiety or an emotional disorder that can make it difficult to live a normal life. For example, if you were involved in a serious car crash, you may be suffering from PTSD and high levels of anxiety that make it incredibly difficult for you to get back behind the wheel of a vehicle. A permanent disfigurement can cause depression that affects your quality of life.
Special Damages
The special damage category can be misleading, because it is not that special at all. It is the term used to refer to all of your medical bills and out-of-pocket expenses that you have to pay to recover from your injury. It includes your hospital bills, durable medical goods that you need to buy, and even things such as mileage on your vehicle to get your doctor appointments. If you have a receipt and can prove it's related to your injury, it's possible to include it under special damages.
Speak with a personal injury attorney to learn more!
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