In Minnesota, pain and suffering is a type of compensation that may be awarded to a plaintiff in a personal injury case. Pain and suffering refers to the physical and emotional pain, discomfort, and inconvenience that a plaintiff experiences as a result of their injury.
If you’ve experienced pain and suffering following a personal injury, an attorney can help you recover compensation. Contact 1-800-Injured to find an attorney in your area. 1-800-Injured is a lawyer and medical directory.
What Is Pain and Suffering?
Pain and suffering is a term used to describe the physical and emotional distress that a person experiences as a result of an injury, illness, trauma, or another adverse event. Pain refers to the physical discomfort or agony that a person experiences, while suffering refers to the emotional or psychological distress that accompanies the physical pain.
Pain can be acute, such as the pain felt immediately after an injury, or chronic, such as the persistent pain experienced by someone with a long-term medical condition. Suffering can take many forms, including anxiety, depression, fear, and emotional distress. It can also result from social and economic factors, such as loss of income or social isolation.
In the legal context, pain and suffering are often used as a basis for awarding damages in personal injury cases, with the amount of damages depending on the severity and duration of the pain and suffering experienced by the injured party.
Types of Pain and Suffering
There are two types of pain and suffering damages in Minnesota: past and future. Past pain and suffering refers to the distress that a plaintiff has already experienced up to the date of the trial or settlement. Future pain and suffering refers to the distress that the plaintiff is likely to experience in the future as a result of their injury.
Laws Regarding Pain and Suffering
Minnesota law does not place a specific dollar amount on pain and suffering damages. Instead, juries are instructed to use their best judgment to determine a fair and reasonable amount of compensation based on the evidence. Factors that may be considered include the severity and duration of the plaintiff’s injuries, the impact of the injuries on the plaintiff’s daily life, the degree of emotional distress caused by the injury, and the amount of medical treatment required.
It’s important to note that Minnesota has a “modified comparative fault” rule, which means that if the plaintiff is found to be partially at fault for their injury, their damages award may be reduced proportionately. For example, if a plaintiff is found to be 20% at fault for their injury, their damages award may be reduced by 20%.
How a Lawyer Can Help
If you have suffered pain and suffering as a result of an injury caused by someone else’s negligence, a personal injury lawyer can help you pursue compensation for your damages. Here are some ways a lawyer can assist you:
- Collect evidence: A personal injury lawyer can help you gather the necessary evidence to support your claim for pain and suffering damages. This may include medical records, witness statements, and expert testimony.
- Determine liability: A lawyer can help you determine who is liable for your injuries and establish the legal basis for your claim.
- Calculate damages: Pain and suffering damages are often difficult to calculate, as they are subjective and can vary from person to person. A lawyer can help you calculate the value of your pain and suffering damages based on factors such as the severity and duration of your injuries, the impact on your daily life, and the emotional distress caused by your injuries.
- Negotiate with insurance companies: Insurance companies may try to offer you a settlement that is less than you deserve. A lawyer can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your pain and suffering.
- Represent you in court: If negotiations with the insurance company are unsuccessful, a lawyer can represent you in court and fight for your rights.
- Help you understand your legal options: A personal injury lawyer can explain your legal rights and options and help you make informed decisions about your case.
Overall, a personal injury lawyer can help you navigate the legal system and ensure that your rights are protected. If you have suffered pain and suffering as a result of an injury, it’s important
Contact an Attorney and Medical Directory
While pain and suffering may be difficult to prove as it’s an intangible damage, that doesn’t make it any less real. If you’ve suffered from physical pain or emotional trauma due in addition to economic damages caused by someone else’s negligence, you deserve compensation.
If you need assistance finding a lawyer to represent your case, contact 1-800-Injured. We can help you find a knowledgeable attorney near you.