What is a claim for pain and suffering?

A claim for pain and suffering is a type of claim that can be made in a civil lawsuit when a person has suffered physical and emotional injury as a result of an accident or another person’s careless or intentional act. In Texas, a claimant may seek compensation for physical pain, emotional trauma, and physical and mental disability. These claims are more commonly referred to as non-economic damages since financial compensation is being sought to compensate a person for intangible losses. In order to receive compensation for pain and suffering, the claimant must prove that the Defendant, the person or party being sued, was responsible or liable for their injury. The claimant must show that the Defendant acted negligently or intentionally, and that the claimant’s injury was a direct result of this act. Generally, the amount of compensation awarded for pain and suffering is based on the severity of the injury and how it has impacted the person’s life. Factors such as medical bills, lost wages, and lost opportunities could also be considered in the calculation of the award. Finally, awards for pain and suffering may also include punitive damages. These damages are meant to punish a Defendant for their wrongdoing and deter them from committing similar acts in the future. While there is no formula for punitive damages, awards for pain and suffering can reach into the hundreds of thousands of dollars.

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