Pain & Suffering - Reasons Law Allows
If you have been injured due to someone else's negligence in or near Dallas, Texas, you need to consult a Dallas Personal Injury Lawyer. Call the Law Office of Doug Goyen, (972) 599 4100 - Dallas Personal Injury Lawyer.Pain & Suffering:
The law recognizes a right to be compensated for your pain and suffering caused by the intentional or wrongful / negligent actions of others.
Among those reasons are:Reasons to Allow Pain & Suffering Awards:
Compensation: To put the injured person back in the same position they would have been in had there been no injury. Money is the only way a court can perform this compensation. There is no magic wand to take the pain away. The loss to a person's health and ability to live without the pain involved is worth compensation.
Deterrence: The policy behind the law of torts is more than compensation of victims. It seeks also to encourage implementation of reasonable safeguards against risks of injury. Holding wrongdoers responsible gives some level of deterrence to wrongdoers or their insurers to implement safety policies, and correct bad behavior.
Shifting Costs from Victim to Wrongdoer: Who should bear the cost of a wrongful act? The victim, or the wrongdoer? The victim is usually not in a good position to bear the cost of the wrongful act due to the injury caused. The law therefor demands that wrongdoers pay for the harm they cause.
Preference to NOT be injured: Victims prefer their pre-injury condition, this justifies compensation. Nobody wants to be injured - for good reason. If someone injures someone else through bad acts, the injured person should be compensated for losing his pre-injury condition.
Loss of Self: A loss of part of your humanity has a value. If you endure pain, this has consequences – loss of mobility, loss of a limb, inability to enjoy things you once could enjoy – all due to pain. The pain caused by injury can change a person from who they once were. This loss demands compensation from the wrongdoer.How to Evaluate Pain & Suffering:
These ways of evaluating pain and suffering are not exclusive, but are guides to how they can be evaluated. There is no set formula, and if a jury believes someone has incurred pain and suffering, they can offer anything they want, from $1 up to millions in the right case.
Economic evaluation: In other words, the value of avoiding pain. How much does society pay to avoid pain? How many billions of dollars are spent each year in taking pain medications in order to not feel pain? What about taking anesthetic when a dentist drills a tooth? Or when a surgeon is performing surgery. How much do we pay for the anesthesia that is designed to avoid the pain? Often we pay about as much for the anesthesia as we pay for the medical procedure itself. There is a real and measurable value to avoiding pain.
Religious evaluation: God created a universe. He also created a hell. Hell's ultimate punishment is not death, but pain. See, even our own religions put pain as the ultimate punishment. Therefor, when pain is wrongfully inflicted, there is a true need to compensate that person for having been wronged.
US Constitution:The US Constitution says that our Government cannot inflict cruel and unusual punishment. In our country, we can impose a death sentence, but we cannot impose a sentence placing a person in pain.
There is a value to avoiding pain. And when pain is wrongfully inflicted on a person, it is just that the person be compensated, our society recognizes it economically, religiously, and Constitutionally.
Contact Dallas Personal Injury Lawyer - Doug Goyen - for a free initial consultation regarding your case. (972) 599 4100Personal Injury Areas We Help With Are:
Auto Accident and Injury Cases, Personal Injury Cases, 18 Wheeler & Commercial Vehicle Injury Accident Cases, Motorcycle Accident and Injury Cases, Wrongful Death Cases, Pedestrian Injured by Automobile Cases, Slip and Fall & Premises Cases, Workplace & Constructions Injury Cases, Dog Bite Injury Cases, Bicyclers Hit by Automobile Cases .Types of Coverage in Automobile Injury Cases:
Past and future medical bills, past and future lost earning capacity, past and future lost income, past and future physical impairment, past and future disfigurement, past and future mental anguish, past and future pain and suffering, property damage, loss of use of your property - such as rental car bills, storage, total loss of property, diminished value of property, loss of body member (arm, leg, . . .), loss of body capacity (hearing, eyesight, . . . ), loss of consortium (spouse, parental, child/filial), loss of services, emotional/mental trauma (bystander injury), prenatal injury, exemplary damages, prejudgment interest, attorney's fees, and court costs.
By Doug Goyen, firstname.lastname@example.org