Introduction
When someone is injured due to the negligence of another party, they may be entitled to compensation for various damages, including pain and suffering. Pain and suffering refer to the physical and emotional distress experienced due to an injury.
In Connecticut, calculating pain and suffering in personal injury cases involves considering several factors. This article will explore how pain and suffering are calculated in Connecticut and the critical elements applied. You’ll also learn how you can benefit by working with a Connecticut personal injury lawyer.
For a free legal consultation, call (855)-285-3425
What is Pain and Suffering?
Pain and suffering is a legal term that encompasses the physical and emotional distress experienced by an individual due to an injury. It includes the pain, discomfort, mental anguish, emotional distress, and loss of enjoyment of life that the injured person endures due to their injuries.
Factors Considered in Calculating Pain and Suffering
In Connecticut, when determining the compensation for pain and suffering in a personal injury case, the courts consider several factors to arrive at a fair and reasonable amount. These factors include:
1. The Severity of the Injury: The severity of the injury is a significant factor in calculating pain and suffering. A personal injury lawyer can help you determine the right amount to fight for.
The more severe the injury, the more significant the physical and emotional impact on the individual. Injuries that result in long-term or permanent disabilities, chronic pain, or considerable disfigurement generally warrant higher compensation for pain and suffering.
2. Duration of Recovery: The time it takes for the injured person to recover also affects the calculation of pain and suffering.
Prolonged recovery periods can result in extended physical and emotional distress, leading to higher compensation for the suffering endured.
3. Impact on Daily Life: Another consideration is how much the injury affects the injured person’s daily life.
If the injury interferes with their ability to work, engage in activities they once enjoyed, or maintain personal relationships, it can increase compensation for pain and suffering.
4. Emotional Distress: Emotional distress caused by the injury and its aftermath is significant in determining pain and suffering damages.
This may include anxiety, depression, fear, and other emotional hardships experienced by the injured person as a direct result of their injuries.
5. Expert Testimony: In some cases, expert testimony may be presented to help establish the extent of the pain and suffering experienced by the injured person.
Expert witnesses, such as medical professionals or mental health experts, can provide insights into the physical and emotional impact of the injury, further supporting the calculation of pain and suffering damages.
6. Juror Perception: In cases that go to trial, the jury’s perception can also influence the calculation of pain and suffering damages. That makes hiring a personal injury lawyer to help make your case vital.
Jurors consider the evidence presented, including medical records, testimonies, and expert opinions, to determine the appropriate compensation for the injured person’s pain and suffering.
Click to contact our personal injury lawyers today
Connecticut’s Modified Comparative Negligence Rule
It is important to note that Connecticut follows a modified comparative negligence rule when calculating damages, including pain and suffering. Under this rule, the injured person’s compensation may be reduced if they are found partially at fault for the accident or their injuries.
If the injured person is found to be 51% or more at fault, they are barred from recovering any damages. However, if their fault is less than 51%, their compensation may be reduced to their degree of responsibility.
Complete a Free Case Evaluation form now
Caps on Non-Economic Damages
Sometimes, Connecticut imposes caps on non-economic damages, including pain and suffering. As of September 2018, the cap is $1.9 million for medical malpractice cases. However, this cap does not apply to severe injuries or wrongful death cases.
Conclusion
Calculating pain and suffering in personal injury cases in Connecticut involves carefully considering various factors, such as the severity of the injury, duration of recovery, impact on daily life, emotional distress, expert testimony, and juror perception.
It is crucial to consult with an experienced personal injury attorney who can assess the specifics of your case and help you understand the potential compensation you may be entitled to for your pain and suffering.
By understanding the factors involved and seeking legal guidance, you can ensure that your pain and suffering damages are accurately evaluated and pursued during the legal process. You’ll also best position your personal injury lawyer to assist you.
Call or text (855)-285-3425 or complete a Free Case Evaluation form