Pain and suffering is a legal term which outlines general physical and emotional losses which may be caused by a personal injury. Drivers in a personal injury claim which have suffered loss may be able seek compensation for actual monetary losses and pain and suffering. Pain and suffering is considered under the category "general damages" and is considered a non-economic loss. The amount of compensation can vary by jurisdiction, and some jurisdictions cap the amount that can be awarded by statute.
Due to the subjective nature of pain and suffering there are several different factors which may be used to calculate the victim's loss. Pain and suffering may be calculated based on the severity of the personal injury, the nature of the personal injury, the duration of the personal injury and the amount of pain that the plaintiff is experiencing. Finally, the jury or the court may also consider the impact of the injury on the plaintiff's quality of life. Physical and constant pain may cause harm to a plaintiff's relationships or it may cause increase depression, anxiety or other psychological issues.
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