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In certain situations, such as car accidents, victims may receive compensation for their injuries and also pain and suffering. Pain and suffering falls into a category called non-economic damages. Non-economic damages address how an accident and subsequent injuries affect your life.
Live Nation recently found out it would be responsible for a $20 million pain and suffering verdict.
The Live Nation Case
Live Nation Worldwide Inc. is going to be as it stands now, required to pay $20 million for pain and suffering which is a record in the state of New York. It’s being paid to a man who suffered a traumatic brain injury at the Jones Beach Theater while working.
A New York appeals court did bring down the original amount from $40.6 million.
Live Nation and other related companies asked the court to reduce the award for pain and suffering because other than two other times, New York courts have set the limit at $10 million.
The court did lower the award amount because they said it deviated from what would be considered reasonable compensation.
The man who sustained the injury was working on the construction of a vendor booth in June 2013 at the theater in Nassau County. Live Nation is licensed to operate that theater. Another worker hit the booth where the man was working with a forklift, and he fell 10 feet.
Injuries along with the severe traumatic brain injury included post-traumatic epilepsy, cognitive deficits, chronic pain, mood issues, and partial paralysis. Because of these injuries, his lawyers argued he was permanently disabled and also unemployable.
The jury initially awarded $85.75 million for pain and suffering, which was then reduced to $40.6 million, and now stands at $20 million.
What to Know About Pain and Suffering
With this record New York case, it brings about questions about what exactly pain and suffering is and how these damages are calculated.
There are two types of pain suffering—physical and mental.
Physical pain and suffering is much like you would think. It refers to the physical pain that accompanies injuries in the present and the future.
Mental pain and suffering is the psychological effect of injuries. This might mean loss of enjoyment of life, emotional distress, anxiety, and shock.
Mental pain and suffering is a term that can be used to refer to any emotion that’s negative and is experienced because of an accident.
As is the case with physical pain and suffering, mental pain and suffering includes what an accident victim has experienced to the present point and also accounts for future suffering.
How Is it Calculated?
Unlike financial damages, it can be difficult to calculate damages for pain and suffering because it’s subjective.
In a jury trial, a judge will often instruct jurors to use their own judgment to figure out a reasonable number.
Sometimes a multiplier is used in a personal injury case.
A multiplier is usually based on a particular number, so perhaps three just as an example. The pain and suffering would then be three times to victim’s special damages.
The multiplier doesn’t always apply, though, and it’s not a good reference point in more severe or complex personal injury cases. It’s typically used in smaller cases.
How is Pain and Suffering Proven?
Another somewhat gray area with pain and suffering is how to prove it. In some cases, usually with more severe injuries, it’s fairly clear.
In other cases, there may not be as many visible injuries, but a person can be suffering immensely.
Proving pain and suffering might rely on journal entries, testimony from family and loved ones work records, photos of the accident, or hospital records.
Examples of Pain and Suffering
There are so many examples of pain and suffering.
Emotional distress is one big category. Emotional distress might include having depression, grief, or extreme fear after an accident. Post-traumatic stress disorder is common after accidents and is also an example of pain and suffering.
If you were to have physical scars following an accident that impact your quality of life and cause you to feel embarrassed, this is an example.
If you were hurt in an accident and your injuries made it so that you could no longer do your favorite hobby, that might mean you’re suffering from loss of enjoyment of life.
There are so many examples, including the ones above in the Live Nation case, and people are best advised to talk to a lawyer in these situations.
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