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What is Pain and Suffering in a Mississippi Personal Injury Case?


You may be familiar with the term “pain and suffering” as it pertains to personal injury cases, but the specifics behind this legal concept are somewhat complicated. In general, when you’re injured in an accident that was due to someone else’s negligence, you may recover financially for the damages you sustain. The law may compensate you for your losses, and pain and suffering is one aspect of the amount you can obtain from the responsible party. Here is a closer look at how pain and suffering works in a Mississippi personal injury case.

Pain and Suffering in a Personal Injury Case

Mississippi law allows an accident victim to recover compensation for two types of losses:

  1. Economic Damages: This category includes losses that are ascertainable by some sort of evidence. The medical expenses you pay for treatment are quantifiable by reviewing the bills, and your payroll details will reflect wages you lose if you cannot work.
  2. Non-Economic Damages: You likely also suffer intangible losses that don’t have a price tag, but are equally damaging to your interests. Pain and suffering falls within this category because you can’t put a dollar value on the level of agony, discomfort, and other factors impacting your life.

Types of Pain and Suffering Damages

The concept of pain and suffering can be further broken down into groups based on the type of anguish.

  1. Physical Effects: This category covers bodily pain and suffering, which may range from extreme soreness to achy discomfort. Any physical impact you experience from the moment of the accident through to treatment and rehabilitation is included.
  2. Emotional Pain and Suffering: A car accident may also affect your emotional and mental well-being. Depending on the severity of your injuries, you may feel fear, embarrassment, angst, depression and other mental suffering.

Statutory Cap on Damages in Mississippi Personal Injury Cases

Like many other states, Mississippi has enacted a law that limits the amount of non-economic damages an accident victim may recover; pain and suffering is included in the statutory cap. For actions based upon malpractice, a judge or jury cannot award the plaintiff more than $500,000 for non-economic losses. For all other actions, including accidents that result in personal injury, the statutory cap is $1 million for non-economic damages. While the law has been challenged on occasion, it was upheld by a federal appellate court as recently as 2013.

If you’ve been hurt in an accident, a Biloxi personal injury attorney can help.

Whether you’re injured in a car crash, a slip and fall incident, or other type of accident, pain and suffering is one type of damages you may be entitled to recover under Mississippi law. Considering the complications of court procedure and settlement negotiations, you should consult with an experienced personal injury lawyer about your situation. A skilled attorney will assist you in pursuing the responsible party for compensation and proving pain and suffering in your matter. The legal professionals at the Law Offices of Judy Guice have served clients in the greater Gulfport area in many personal injury cases, so please contact our law offices today to discuss your case.

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Biloxi, Mississippi 39530

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