If you’ve been injured in Tennessee due to someone else’s wrongdoing, even if it was just an accident, the law allows you to pursue recovery for your losses by filing a personal injury claim. Since we cannot go back in time, the most common measure of damages is monetary compensation designed to make you whole, as if the injury never happened in the first place. Being made whole comes in different forms. First, you can be reimbursed for direct losses and expenses such as medical bills, lost wages, future lost earnings, or future medical bills. What about losses that cannot be directly quantified? Those losses, non-economic in nature, are most commonly referred to as pain and suffering.
What Is Pain and Suffering?
In a civil trial for a personal injury claim, members of the jury are often given this definition, read by the Judge in open court: “Pain and suffering. Pain and suffering is reasonable compensation for any physical pain and discomfort and for mental pain and discomfort suffered by the plaintiff, [and the present cash value for physical and mental discomfort likely to be experienced in the future.] Mental discomfort includes anguish, grief, shame, or worry.”