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When you suffer an injury in an accident, the consequences can reach far beyond the initial injury itself. Living with the aftermath of an injury can have a significant impact on your day-to-day quality of life and ability to do everyday tasks.

So how do Courts put a monetary figure on these non-financial losses? Unlike lost wages or medical bills, which have clear financial values, pain and suffering compensation is more subjective.

Pain and suffering in a personal injury claim

In Irish personal injury cases, pain and suffering refers to the physical and emotional distress caused by an accident. This includes:

• Physical pain from injuries
• Emotional trauma such as anxiety, depression, or PTSD
• Reduced quality of life, including loss of hobbies or social activities
• Reduced ability to undertake daily tasks
• Permanent disability or disfigurement

Personal injury compensation is typically made up of both general damages and special damages. Compensation for pain and suffering falls under ’general damages’, while ‘special damages’ related to quantifiable expenses such as medical expenses and lost earnings.

How Courts assess compensation for pain and suffering

Every case scenario is different and several criteria are taken into consideration to enable Courts to assess the appropriate level of compensation for pain and suffering. Here are some of the criteria that are taken into account:

1. The Personal Injury Guidelines

Irish Courts use the Personal Injury Guidelines to help determine how much compensation to award. However, these are general guidelines, and each case will have completely different circumstances and levels of severity that will influence the amount awarded. Also, the guidelines do not fully determine the amount of compensation which may be payable in a case.

2. Severity and duration of injuries

The severity of an injury and the impact it has on someone’s life will influence the amount of compensation that is awarded. Courts will look at:

• The level of pain endured
• Recovery time and whether the injury is temporary or permanent
• The impact on daily life and employment.

A long-term or life-altering injury will result in a higher award than a minor, short-term injury.

3. Psychological and emotional impact

Any mental health effects, such as PTSD, anxiety, or depression, that have occurred as a result of the injury will also be taken into account.

Because there are so many variables that are used to assess compensation, it’s really important to document everything that is related to your incident, even if you think it’s not relevant. This means, not just keeping receipts of medical expenses, but also taking note of how the injury has affected your life.

The more information your solicitor has about your circumstances and the impact of your injury, the better they will be able to accurately represent your case.

An experienced personal injury solicitor will be able to guide you through the process, and help build your case to get the best possible outcome for you.

To find out more, contact us, and our team will be happy to discuss your case with you in complete confidentiality.