When you've suffered a serious personal injury, it can bring your life to a standstill. There's nothing, however, that compares to the pain and suffering that comes with a serious burn injury. Not only can you experience excruciating physical pain from the burn itself, but you may have substantial scarring or disfigurement, destruction or damage to nerves, impaired flexibility or mobility and even psychological consequences of the accident. It's also customary to require extensive physical therapy or rehab after a serious burn injury.
Under the law, you can seek damages for an injury that is intentionally caused, or one that results from carelessness or negligence. As a practical matter, nearly all personal injury claims are based on a legal theory of negligence. In addition, it's generally easier to recover for tangible losses, such as wages and income or medical expenses. The law does, however, allow you to pursue compensation for less tangible injury, such as emotional distress. One of the more prevalent claim involves an allegation of intentional infliction of emotional distress.
If you've been injured or contracted an illness, and sought medical attention, you expect that, at a minimum, your condition won't worsen because of the care you receive. If that happens, you have the right to pursue compensation for your losses in a medical malpractice lawsuit. There are, however, basic requirements that must be met before you can win a damage award for a doctor's negligence.
After an accident caused by someone else's carelessness, you may lose wages or income because you can't work, and you may have unreimbursed medical expenses. Those damages are easy to determine, though, because they are easily measured. You are also entitled to compensation for physical pain and suffering, a less tangible loss. What exactly is "pain and suffering" and how will the court calculate the total damages for pain and suffering?