How much should you be compensated for Pain and suffering?
It may seem strange to ask what value to assign to pain and suffering, yet it is a major component of personal injury cases.
Over the years, great trial lawyers have tried many varied approaches to assign a value to this intangible and unmeasurable issue.
- The Dentist argument: If you are going to have a root canal, do you ever ask for the price without anesthetic? No! In fact, the anesthetic is the part that you’re willing to pay virtually any amount for because we all want to avoid pain at virtually all cost. Therefore, pain when sustained, has great value.
- The Aspirin example: Many billions of dollars are spent every year to avoid or alleviate pain. Whether it be through over-the-counter medications like Tylenol or Advil, or opioids and pain management. Again, one can value enduring something based on the cost paid to avoid it.
- The Golden Rule: This argument is illegal in almost every court, probably because it’s too effective. It is just asking the jury what they would personally expect to be paid if they had to go through the same thing.
- The Torture argument: In the United States it is legal to kill the convicted, through capital punishment, however it is illegal in every state to torture. In other words, it can be argued that we openly admit that pain is worse than death. Therefore, pain endured must have significant value.
- The Hell argument: Similarly, hell is not a place of death in the scripture but it is a place of eternal pain. Death is often seen as a release from pain. Therefore, when pain must be endured it should have significant value. Especially when that pain is thrust upon you by the negligence or recklessness of another person.
Theologically, the pain of this world, a result of the fall, is only temporary for those whose name is written in the Lamb’s book of life:
“He will wipe every tear from their eyes. There will be no more death or mourning or crying or pain, for the old order of things has passed away.”
Mr. Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
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