Pain and suffering, in the context of an automobile collision claim, refers to the physical discomfort and emotional distress endured as a result of injuries sustained in the incident. This encompasses a range of experiences including physical pain, emotional anguish, mental trauma, inconvenience, and loss of enjoyment of life. For instance, an individual suffering from chronic back pain after a car accident may experience physical discomfort, difficulty performing daily activities, and emotional distress due to limitations imposed by the injury.
Establishing a monetary value for these intangible damages is critical in personal injury claims. Compensation for pain and suffering seeks to provide a means of redress for the detrimental impact the accident has had on an individual’s overall well-being. Historically, courts and insurance companies have grappled with various methods to quantify these subjective experiences, leading to the development of several approaches intended to provide a reasonable and justifiable basis for settlement negotiations and court awards.