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Pain and Suffering Damage Awards

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Its common to hear about damages being awarded to offset the pain and suffering of the plaintiff in personal injury cases. However, the concept itself might not be so easily understandable. How exactly are damages awarded for pain and suffering? Is this mandatory for all injury cases? ‘

Damages for pain and suffering fall under the category of noneconomic damages. This means that these damages are not based on the mathematical value of something that needs to be proven in court.

It is intended to offset the emotional distress suffered by plaintiffs who are victims of personal injury. Pain and suffering as terms may be used interchangeably for the purposes of the law.

When damages are required

Under California Law, when the court or jury finds that serious physical injury was sustained by the plaintiff, the court or jury is mandated to include an award for pain and suffering. If the order does not contain an award of damages for pain and suffering, then the order is considered inadequate and the plaintiff may rightfully demand for its inclusion.

How are pain and suffering damages computed?

If pain and suffering are noneconomic damages and are not based on a mathematical computation, how are they computed?

The burden of computing and awarding noneconomic damages is on the trier of fact. It is the trier of facts who will place a monetary value on the pain and suffering of the plaintiff, through inference from the nature of the injury.

A plaintiff is not even required to provide evidence or testimony regarding his or her pain and suffering. Even without evidence or testimony showing such, the trier of fact must make an inference on the pain and suffering of the plaintiff. The law presumes that a person who suffers from bodily injury must suffer emotional distress when the injury was sustained and thereafter.

  • By A Guest Author – Law Graduate

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