When it comes to medical malpractice or personal injury cases, a candidate usually seeks two different forms of damages: economic and non-economic. As you would expect, the economic damages signify a loss of some sort of tangible financial value, such as medical bills, physical therapy or counseling costs, or lost income due to the injury. Non-economic damages are usually harder to define but usually fall under some variant of “pain and suffering” compensation. Need more explanation? See below for a discussion on “pain and suffering” in medical malpractice/personal injury cases.
What Exactly is “Pain and Suffering?”
There is no exhaustive definition for “pain and suffering” in a law book or a dictionary; classic examples include:
- physical pain caused by medical malpractice/injury
- disfigurement following injury
- in the case of wrongful death, the general emotional pain caused by the death of a loved one
- a severe negative change in mental health, such as the development of major depression, anxiety disorder, or post-traumatic stress disorder
Your individual damages will depend on your specific situation. Medical records and testimonies from experts help to improve your case against the parties at fault. Sometimes, an independent medical evaluation is necessary to show the court the full extent of your damages.
Length of Recovery
Another important step in proving “pain and suffering” is how long one was forced to recover from their injury, if at all. For example, if you had any severe injury that resulted in permanent physical conditions, e.g., paralysis or neuropathic pain, your “pain and suffering” plea will reflect that. However, if you only experienced temporary pain that resolved quickly, the “pain and suffering” damages will mirror that as well.
Therefore, your medical records will be extremely important to proving pain and suffering. It is also wise to keep a personal recovery diary alongside the official medical records to make sure that you have your own record of the pain and suffering you were forced to endure. If you think you have a medical malpractice or personal injury claim, an experienced attorney will be able to review your records, evaluate your case, and eventually recover the damages you are entitled to.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.