“There is probably nothing more difficult to understand than pain and suffering. That’s because you cannot measure it and everyone is different. My job is to put a number on pain and suffering, then prove that number is just and fair.” Mike Burman
What is “Pain and Suffering”?
The law recognizes two types of pain and suffering: “physical” and “mental.”
“Physical pain and suffering” is the pain coming from the actual physical injury.
“Mental pain and suffering” is the emotional impact on the mind and nervous system resulting from a physical injury and the injury event.
In a motor vehicle collision, my client sustained multiple fractures and lost her job. Understandably, she became depressed and angry. The fractured bones are an example of trauma causing physical pain. The depression and anger results from the emotional impact caused by the physical injury, and is an example of mental pain and suffering.
Factors in Calculating Pain and Suffering
Many considerations affect the value of the pain and suffering for my client, including:
- Will my client make a good or bad witness?
- Is my client likeable?
- Is my client believable?
- Is my client’s testimony regarding his or her injuries consistent?
- Is my client exaggerating his or her pain and suffering?
- Can the doctors explain why my client has pain and suffering?
- Does my client have a criminal record?
“Contact me if ever you want to discuss your claim for pain and suffering.” Mike Burman