What circumstances typically lead to higher pain and suffering judgments?
Typically, what higher pain and suffering damages result from injuries that are visibly painful. By that I mean broken bones, cuts, stitches, burns or surgery. These are the types of injuries that a jury can look at and automatically understand the pain involved.
I can work, but I can no longer jog or snow board. Does this type of loss of activity go into the calculation for pain and suffering?
Your example normally falls into the calculation as damages for “mental anguish,” which is caused by the inability to do activities that you value and have done previously. That you can no longer do those things causes mental trauma for which you can often recover damages.
What other circumstances might lead to mental anguish damages?
Other types of mental anguish damages include the following:
- inability to take care of yourself, for example, showering or getting dressed,
- inability to do household chores, and
- other tasks that may have been part of your daily life.
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