If you are injured by a dangerous or defective product—and you file a lawsuit against that product’s manufacturer to demand compensation for your injury—there are different types of damages (money awards) that you might be entitled to receive.
If you prevail in a lawsuit, you will be awarded compensatory damages, which are designed to “put you back where you were” before your injury. Compensatory damages fall into two broad categories: monetary losses and non-monetary losses.
Monetary losses include anything that can readily be assigned a dollar amount, such as medical expenses, costs associated with a disability (for example, you are in a wheelchair and need a ramp added to your home), lost wages (from time you missed at work due to your injury, as well as the loss of your ability to earn money in the future), and property damage. It is fairly easy for a judge or jury to determine the cost of these various losses, and put a dollar amount on them.
Non-monetary losses, such as pain and suffering, are much more difficult to give a money value to. There is no simple formula to calculate non-monetary damages, and the amount awarded of pain and suffering (if such an award is available under the law) varies from victim to victim.
Typically, “pain and suffering” compensation is awarded when a victim suffers actual physical pain (accompanied by emotional distress). This includes such things as chronic aches, depression, a shortened life expectancy, and an inability to do those things you used to enjoy.
If your case is tried before a jury, it is the jury that will be responsible for determining the amount of damages you are entitled to. When evaluating how much pain and suffering you have endured, the jury can consider a number of things, including your economic circumstances. (For example: A wealthy person is less likely to receive “pain and suffering” compensation than somebody who is going through bankruptcy.)
In short, you might indeed be able to receive money for your pain and suffering, although how much is impossible to say. If you have been injured by a defective product, let the lawyers of the Rottenstein Law Group know. If you deserve to be compensated, we’ll call you to discuss your case and how the RLG will help you. You’ve taken enough. We’ll take it from here.