Can you claim compensation for pain and suffering? This article will address the psychiatric damage that occurs when a person goes through a traumatic event and how paying damages helps to acknowledge that what happened should not have taken place.
Can you claim compensation for pain and suffering?
Yes. You can claim compensation for the psychiatric suffering that you endured. This is usually paid under general damages and somewhat attempts to begin to compensate an individual for the impact that an event has had on their life.
No one would exchange their injury for cash, if they had a choice.
The impact that an injury has had on a person’s quality of life is known as a ‘loss of amenity‘. General damages cover pain, suffering and a loss of amenity.
Since you cannot undo the damage that has been done, a monetary payment is used as a method of addressing the individual’s pain.
Compensation for Pain and Suffering Doesn’t Address Financial Losses
The compensation that you receive for pain and suffering is not the same as what you’ll receive for any financial losses sustained because of the injury.
For example, if you are unable to work and earn an income, the psychological injury sustained is covered under pain and suffering but your loss of income will be addressed with a separate payment.
Compensation Varies According to the Type of Injury
The compensation for pain and suffering that you will receive depends on the type of injury that has been sustained.
A judge will usually determine how much you will receive as compensation and they are guided by the nature of your injury.
Judges tend to use the precedent that has already been set, so you should expect to receive general damages that are in the same range as that paid to other people in a similar position to you.