Can I recover for pain and suffering?
Pain and suffering damages are always recoverable, so long as you’re not at fault. So the answer is unequivocally, yep, we sure can get pain and suffering damages. And then maybe the bigger question is, so what does that mean? Pain and suffering damages are, how, how the injury is sustained in the collision, in a slip and fall, whatever, whatever the case may be, how they impact your life. But the the short answer to the question is, unquestionably, you can get pain and suffering damages when somebody else hurts you and it’s their fault, and then again, then it gets to really okay.
How do we establish pain and suffering damages? And this might be too simple, but this is the one that I often go to the most, the things that I go to, and the question I often ask my clients is this, so, what are you most angry about from this crash? You know? What makes you the most angry that you can’t do X anymore? Tell me about that, and when you get to one, okay, what else? What else are you upset you can’t do anymore? Those are the things you’re trying to get to. You know, if you coach your kids softball team and you can’t do it anymore because somebody hurt you, it’s going to make you pretty mad, because that’s what you did with your kid, you know. Or if you you know, some people drive motorcycles, some people golf, some people fish. Those things are helpful. But getting to the ones that are the what you what you love to do in life, you can’t do that anymore, especially if it involves your family, your wife, your kids, other people that are important to you in your life, like that.
Those are the ones that always, I think, hit the hardest, because what you want to get to the jury is you want to get them something and again, no offense to the people that love golfing, because I know it’s important to them. Those are always hard to get a lot of damages for, because normally jurors aren’t too sympathetic. You know, they kind of do, though we’ll find something else. But you know, if you can’t, if you can’t do things with your kids or your wife, or that that you used to do, those are much bigger hitters in my viewpoint. But those are the things that when you collect money from a jury, often are the ones that are the most elevated, because those are the ones where you say it changed my life.
