While the so called tort "reformers" and lobbyists for the insurance industry have tried to de-legitimize the concept of "pain and suffering", by doing their best to malign a juror's role in compensating someone for injuries caused by the conduct of another, the reality is that attributing a monetary value for "pain and suffering" has been firmly rooted in the history of western civilization for centuries.
Most people are probably familiar with the Biblical Old Testament concept of an "eye for an eye", however, as early as Roman times we have written records of a system utilized to compensate those suffering harm, due to the negligence of another. Thankfully, today, "retaliation in kind" is no longer an option within our civil judicial system. However, the difficulty is that when we think in terms of money, we think in terms of what something actually costs. While it is not terribly complicated to determine the cost of unpaid medical expenses, as well as out-of-pocket wages and losses, it can be rather difficult for some to quantify "pain and suffering", which has no set price tag attached to it.
While difficult to value, pain and suffering represents a very quantifiable damage in our civil justice system. Our courts have never minimized the concept of "pain and suffering". In fact, our courts have found that "the loss of well being is as much a loss as an amputation." And that pain and suffering, while existing, can be as much of a disability as being crippled or sustaining a rupture or dismemberment. In this regard, it remains the jury's duty to "affix monetarily, the responsibility of the person or legal entity which broke nature's harmony."
Accordingly, the purpose of using money to compensate an injured person for the pain and suffering they sustained through the conduct of another is to bring "nature back into harmony". In spite of the campaign by some to impune the validity or the amount of money awarded for "pain and suffering" claims, it is obviously preferable to the retaliation alternative, or to no remedy at all.
The lawyers at Drake, Hileman and Davis have assessed the value of pain and suffering damages on thousands of personal injury claims. Let us put our experience to work for you in valuing your claim for damages. If you or a loved one has been caused to suffer with pain as a result of the misconduct or negligence of another, we will represent you compassionately, as we aggressively and creatively seek to obtain the full compensation you deserve.
At Drake Hileman & Davis we have been winning cases for your neighbors for twenty-five years. We are ready to help you.
