A victim of any personal injury accident can generally sue for pain and suffering money damages. Of course, the amount that will be considered or awarded is directly dependent on the severity of their injuries and the significant of the incident. Someone that trips and scrapes their knee does not have the same allocation for pain and suffering as someone who suffered third degree burns as a result of a defective product which would fall under product liability.
These distinctions are key. Almost every type of case qualifies for pain and suffering, with one exception: that is worker’s compensation claims. If you were injured in an accident while at work for your employer- then you cannot sue your employer for pain, suffering or disability.
What types of Accidents and Injuries Qualify for Pain and Suffering Damages?
Car accidents, medical malpractice cases, pedestrian accidents, slip and falls, product liability, dog bites, construction accidents, nursing home negligence, defective medical devices and other similar cases qualifies for pain and suffering damages. Injuries that would have a high dollar or monetary value on it for pain and suffering would probably include burn injuries, orthopedic injuries, spinal cord injuries or severe injuries to the brain, any type of injury requiring surgery to recover, as well as broken bones and fractures, amputations, and paralysis (paraplegia and quadraplegia).
Minor or less severe injuries would still warrant some compensation for pain and suffering- because even if you did not fall through a skylight on a construction job- you still had some suffering as a result of that rear-ended car accident (even with minor property damage). Leave it to your attorney to fight for you to obtain as much of a recovery as possible for your injuries, treatment and the impact of the accident on your life and well-being.