{"id":372346,"date":"2016-10-17T18:36:17","date_gmt":"2016-10-17T23:36:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/dc-law\/pain-and-suffering-damages-in-the-district-of-columbia.html"},"modified":"2018-12-18T14:46:11","modified_gmt":"2018-12-18T19:46:11","slug":"pain-and-suffering-damages-in-the-district-of-columbia","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/dc-law\/pain-and-suffering-damages-in-the-district-of-columbia.html","title":{"rendered":"Pain and Suffering Damages in the District of Columbia"},"content":{"rendered":"\n
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Pain and Suffering Damages in the District of Columbia<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Since many people think of smarmy politicians when they hear about Washington D.C., the term "pain and suffering" might seem like a fitting association. But like all of the states, D.C. treats "pain and suffering" as a legal term for both the physical and emotional distress caused by an injury. If you’ve been injured while in town visiting the Lincoln Memorial or your newly-elected Congresswoman, read on to learn how courts treat pain and suffering damages in the District of Columbia.<\/p>\r\n

Below is a table outlining the laws related to pain and suffering damages in the District of Columbia, followed by explanations of important aspects of the laws.<\/p>\r\n\r\n
Statute of Limitations<\/b><\/td>\r\n

3 years for personal injury (Sec. 12-301(8)<\/a>); 1 year for assault and battery (Sec. 12-301(4)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Limits on Damages<\/b><\/td>\r\nNo cap on pain & suffering damages<\/td>\r\n<\/tr>
Other Limits<\/b><\/td>\r\nPure contributory negligence rule may bar recovery of any damages (See Elam v. Ethical Prescription Pharmacy<\/a>)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Economic vs. Non-economic Damages<\/h2>\r\n

Usually, there are two types of damages<\/a> to consider after you’ve been injured: economic (or "special") and non-economic (or "general"). Economic damages are the objective losses you’ve incurred as a result of your injury or damage to property, such as medical expenses and lost wages. Non-economic damages refer to the more abstract, subjective costs of an accident, including past and future pain and suffering (such as depression, fear, and insomnia).<\/p>\r\n

How are Pain and Suffering Damages Measured in the District of Columbia?<\/h2>\r\n

Damages for pain and suffering are difficult to measure<\/a>, in part because the experience of pain and suffering is highly subjective. Courts often instruct juries to use their best judgment in deciding how much to award a plaintiff. In general, courts use a number of factors to determine these types of damages.<\/p>\r\n

Factors courts consider in determining pain and suffering damages include:<\/p>\r\n