Once a victim has established the he was injured by another’s wrongdoing, he must be compensated for his pain and suffering. There is no definite standard or method to calculate pain and suffering. A victim may recover for his pain and suffering even if at trial he presents no medical bills or medical evidence. The award must be reasonable based upon the evidence and common sense. The following items may be included in an award for pain and suffering:
- Physical pain
- Mental suffering
- Loss of enjoyment of life
- Disfigurement
- Physical impairment
- Inconvenience
- Grief
- Anxiety
- Humiliation
- Emotional distress.
In one of our recent traumatic brain injury cases, the judge also instructed the jury to consider:
- Loss of freedom
- Loss of ability to parent
- Loss of dignity
- Loss of independence.