In the field of law, there are mainly two types of damages that are compensated; economic damages and non-economic damages. If you were involved in an accident that caused you some financial losses, it will be compensated under economic damages. However, if you were involved in a mishap that resulted in a physical or emotional injury, the compensation of this case will come under non-economic damages. In other words, economic damages are measurable damages in monetary terms, while non-economic damages are general damages that are not measurable through simple mathematics.
The non-economic damages dealt with and compensated under the laws of “Pain and Suffering Cases”. According to the Law Commission, an independent law body of England and Wales, “Pain and Suffering” is explained below:
“Pain” means the physical hurt or discomfort attributable to the injury itself or consequent upon it. It thus includes the pain caused by any medical treatment which the plaintiff might have to undergo. “Suffering” on the other hand denotes the mental or emotional distress which the plaintiff may feel as a consequence of the injury: anxiety, worry, fear, torment, embarrassment, and the like.” (1)
Winning a case and fighting for the potential economic damages is much easier than winning a case that requires you to fight for the potential non-economic damages. The former is easily preventable and understandable while the latter is much more sensitive and requires a lot of hard work and peculiar details. You can make a strong case for any potential injury at work in the UK under the law of “Pain and Suffering”.
Here are some of the way you can win a pain and suffering case.
Your Medical Records Make Your Case Heavy!
Understand that your medical record plays a vital role in proving your potential physical injuries and the way they have affected your life! They are physical evidence of the losses you might have suffered due to the accident.
Your Mental Health Record is Of Significance to Your Winning!
If you have been coping with mental distress after the accident and have consulted a Professional Therapist or a Clinical Psychologist, your mental health record can weigh heavy and make room to claim potential damages under the laws of “Suffering”.
Your Doctor’s Assertion and Family’s Confidence!
Providing your doctor’s statement or by asking your doctor to present his/her statement in front of the Jury can make immense room for you to win your case. Moreover, not only that but your family’s or friend’s testimony about the emotional suffering you went through after the accident can weigh heavy on your case!
Finally, Present More Witnesses!
Remember that the “Pain and Suffering” case is highly dependent on the evidence you provide in front of the jury. Presenting more witnesses such as someone who witnessed the accident happening or physical evidence of the accident can open the doors of winning for you!
Related Article: What Are My Rights Under Workers Compensation