The first method is to multiply the plaintiff's actual damages (medical bills and lost wages) by a certain number, generally between 1 and 5 (depending on the severity of the injury). Deep suffering of the soul is also a taste of hell. Love is the only key to deciphering the enigma of pain and suffering: love that can transform nothingness into full reality. We would suggest that its best to begin by seeking mediation or arbitration. Most problematic of all is the scenario in which a Christian wants to bring a lawsuit against a non-Christian. Give to the one who asks you, and does not turn away from the one who wants to borrow from does. In these two verses, Paul lists several types of suffering mental, physical, emotional, and spiritual. What if the person in question is a believer? 1 Thessalonians 3:3 reminds us that we are "destined for trials." Many people are bothered by the fact that jury verdicts often seem to exceed the value of an injured partys damages in a case where the verdict was a defense verdict. The New Jerusalem of no tears and no pain, of no mourning and no death, hasnt arrived yet (Revelation 21:1, 4). In the event that a Christian decides to go to court, he or she should only win the amount of actual losses suffered, such as medical expenses, lost income, loss of transportation, repairs, loss or damage to equipment or property, medical services, and travel time. . Rather, it recognizes the multifaceted ways that suffering can come upon us. He redeems all of it for His glory and our blessing. ibid.,n. While our natural reaction to pain is to avoid it, get rid of it, or numb it; we need to realize that God allows pain. You may think that suing for pain and suffering will help pay some of these billsbut if your goal is actually helping another person in need (and thus following Gods command), then perhaps there are other ways that you could stretch your finances further in order to assist them with their needs or show mercy through giving charity rather than demanding payment for wrongdoing after receiving justice according*to Biblical principles.*. Suffering prepares us for more glory. The lack of meaning, the lack of direction, the radical anticulture, contradiction, death: in a fullness of meaning, of orientation, in an ascendant culture, in joyous affirmation, in life: folly and stupidity, in what is wisest and most sensible, it is the intimate solidarity of love triumphant that raises, in loving solidarity with the most atrocious suffering that kills. There is no doubt from what is written in the book of Acts that Paul recognized the authority and the responsibility of the government of Rome as well. Being cut off from good is an evil. He wanted them to grow in trust and dependence on the Father. Solidarity belongs to divinized human life as a gift received which takes part in the mystery itself of God's very life. For this solidarity, Christ brought the elimination of sin to completion through his suffering in his life, passion, death and Resurrection. The type varies - it may be physical, relational, mental, emotional, financial, social, or spiritual - but it all hurts. We get to the point of saying, "Lord, I can only make it through today if You help me . I would like to introduce you to the concept of Christian arbitration. Insurance companies typically limit what they pay in accordance with policy limits, but your lawyer may be able to reference your car being totaled when arguing for a pain and suffering settlement. If you can see the purpose beyond the pain, you will understand God's ability to leverage the suffering in your . Jesus told His followers, "In this world you will have trouble. Karen told Sue she knew of a Christian counselor who did therapy at a reduced rate. Pain is inevitable; none of us is able to opt out of it. The expense in terms of time, money and emotional outlay usually offsets any potential financial gain that might be expected from the case. Rhonda is an executive secretary earning $24 per hour. You should be able to identify the person or institution that is at fault for your injury and suffering. Like Mary in the example above, your pain and suffering may consist mostly of economic losses such as: Cost of medical care Avvo Rating: 10. Through all this I've been brought closer to God. It is the paradox that returns to being logical through the Omnipotent Love of God the Father who is his Spirit, and whose effectiveness is to be found in the culmination of human history when he grants to us the close solidarity of all peoples in the Pasch of the Incarnate Word. Is it right to take another person to court if you think they have done something wrong? In fact, our suffering is a sign of God's love. Suffering brings a "one day at a time-ness" to our survival. This is the central mystery of the entire Christian religion, not in the abstract nor in an immensely remote way, but in a closeness present in human history into whose temporal dimensions eternity bursts, through the historical Incarnation of the Word with his birth, life, passion, death and Resurrection. 9:10, May 1, 1995, 1. Alice Curtis August 6, 2001. Marine Corps recruiter Randy Norfleet survived the Oklahoma City bombing despite losing 40 percent of his blood and needing 250 stitches to close his wounds. Claims Amount = $2,000 + $300 X [5 to 10%] Current pain and suffering is the time period from the time of your injury, to the completion of all your medical . . [deleted] Additional comment actions. Settlement could range from a few thousand dollars to hundreds of thousands or even millions of dollars. Suffering, the Pope says, consists in feeling cut off from good. Sometimes He trusts us with great pain in order to make a point, whether the intended audience is believers, unbelievers, or the spirit realm. L'Osservatore Romano is the newspaper of the Holy See. . It can feel like you're all alone in your pain, and that makes it so much worse. She's based in Southern California. You also deserve to be compensated for the emotional pain that . Sometimes attorneys who cannot take a case themselves have a system in place to refer cases to other attorneys, sometimes for compensation. or the next few minutes." How does the Christian respond biblically? Take along one or two other people with you if he wont listen to you. He then briefly outlines the context of suffering, speaking of the vast field of suffering and of the suffering person. Rather, the disputed matter should be arbitrated or judged by a wise Christian or Christians. In Exodus 21:18-19, money damages are allowed for wages lost and medical care (Exodus 21:18-19), for pain and suffering (Exodus 21:22), and for the permanent impairment of a body part (Exodus 21:27).. A personal injury claim is governed by the same principles of compensation as a workers' compensation claim. Painful as they are, all our deaths and endings hold lessons we cannot live wisely without. The Lord is creating for Himself a bride with sterling character, but it's not much fun getting there. The Bible doesnt whitewash our experience of suffering by saying that its all of one stripe. Sally's per-diem is $80 x 30 days for a total of $2,400 for her pain and suffering. It forces us to face the fact that we are powerless to change other people and most situations. If a Christian refuses to have the matter resolved by the church or by a Christian, then you can take him to court if he refuses to resolve the matter through the church or by a Christian. It generally is important to select a qualified attorney to help you pursue your pain and suffering settlement. Many different cultures have their own interpretations of why people suffer. But even medicine is a gift from God where man tested God's creation and created medications that would help our fallen, human bodies. Suffering has a subject and it is theindividual who experiences it; yet it is not imprisoned within the person but gives rise to solidarity with others who are suffering; for the only one who has a special awareness of this is the person, the whole person. We naturally try to avoid suffering at all costs. It prefigures the Lord's passion (cf. I think that the more important question should be, Am I bringing glory to God? If you are not sure if your decision is the best one, then ask a trusted Christian friend or family member who has known you for a long time. . Paul explained what happens in 2 Corinthians 4:16-18: "Though outwardly we are wasting away, yet inwardly we are being renewed day by day. But developing holiness in us is a worthwhile, extremely important goal for the Holy One who is our divine Bridegroom. feelings of alienation. If you can see the purpose behind the pain, you can find the way out of this lie. How to Ask for An Unspoken Prayer Request on Facebook? A person should try to settle his claim before a lawsuit is filed. Information provided on Forbes Advisor is for educational purposes only. Pain and suffering damages are especially hard to calculate since two different people can be injured in the exact same way and experience different levels of pain. Unlimited Right to Sue - Under the No Limitation on Lawsuit Option, you retain the right to sue the person who caused an auto accident for pain and suffering for any injury. Life Insurance Attorney in Philadelphia, PA. Let us flee from self-righteousness, and toward compassion, as our Lord has compassion upon us ( Psalm 78:37-39 ). 3. Cheryl's in-laws, both beset by lingering illnesses, couldn't understand why they couldn't just die and get it over with. Some states cap the amount of damages that can be awarded in a pain and suffering settlement. And from the Cross, not by virtue of the Cross but by virtue of the Father's omnipotence and the Spirit's solidarity and Love, the Incarnate Word recreates within us the authentic Adam, the man of truth, the model planned by God from all eternity so that we might be authentically human. To respond, the Pope leaves the areaof enigma and moves on to that of mystery. When you use bleach to get rid of stains, it's a harsh process. The comfort of those who have known that same pain is inexpressible. Ever since the fall of Adam, we keep forgetting that God created us to depend on Him and not on ourselves. . Through Christ's solidarity with al humanity the human pain of all time; was suffered by Christ in his passion and his redeeming death. . Almost everyone is living with some kind of pain. Consequently, the cause of suffering is an evil; so, suffering and evil can be identified with each other. Deep suffering of the soul is also a taste of hell. Jesus said that we should settle with an adversary on the way to court. All Rights Reserved. For the things that are seen are transient, but the things that are unseen are eternal.. Suffering is a passive or active attitude to evil, or rather, to the lackof a good that it would be desirable to possess(cf. Suffering is a product of the fall, a consequence of human sin against God (Romans 5:12; 1 Corinthians 15:21). We see this biblical truth illustrated through the persecuted church. For I . He notes from the outset that a misunderstanding of suffering can actually lead to the denial of God. But Jesus said, I have told you these things, so that in Me you may have [perfect] peace and confidence. Can I sue for emotional distress after car accident? It's difficult to put a value on a person's mental and emotional well-being because it's purely subjective. He appealed to the law of Rome to defend himself when he was falsely accused by the Jewish leaders in Jerusalem and jailed by the Roman authorities as a result of this false accusation.. The book of Job shows us there can be two ways to respond to suffering: one that curses God because of suffering and one that praises God, even in the midst of suffering (Job 2:910). Your financial situation is unique and the products and services we review may not be right for your circumstances. Being cut off from good is an evil. But in matters of . It is a joyful, shining mystery and full of happiness. In addition to physical pain, plaintiffs can recover for the permanent physical . As for evil, it is a deprivation; it has no positive value in itself and therefore cannot be a positive cause or principle, for its origin is a mere privation. ibid., n. 13). Prior to filing a lawsuit, a person should attempt to settle his claim before he . Find the best ones near you. Christians may also face trials and suffer simply because we live in a world full of sin. Some states dont allow per diem arguments for non-economic harm, including New Jersey, where the courts have concluded they have no basis in evidence. He allows us to experience storms in our lives for the same purpose: to learn to depend on God. Jan's suffering has given her an appreciation of the reality of heaven, and she's . It is also clear from the context of Acts 16:37 that he uses the implied threat of using that law as a means of punishing those who oppose him. Suffering is abnormalour souls protest, "This isn't right!" Claims Amount = $2,000 + $300 X [1.5 to 5%] For a serious debilitating injury, like a disfigurement or brain damage, your claim is estimated to be in the range of $11,500.00 to $23,000.00. Before you can recover any compensation for your injuries, you must be able to prove liability against the defendant. This word pair names one of the most difficult problems facing Christian faith and practice today. In addition to the comments above, you should also know that you are likely obligated to arbitrate your claim with Kaiser rather than sue in court. Because damages for "pain and suffering" are subjective and can be extremely different in each case, settlements and jury verdicts for these damages can be unpredictable. The solution to the mystery of evil is not only discovered through theological exposition but also by experiencing that something which, if steadily gazed at, darkens because of its excessive brightness yet is very real - we can say the most real reality -, for it is the only way to happiness. It was good for me to be afflicted so that I might learn your decrees.". We need to be reminded that we are living in "Plan B." You can sue for pain and suffering for economic and non-economic losses. One of the effects of suffering is to loosen our grasp on this life, because we shouldn't be thinking that life in a fallen world is as wonderful as we sometimes think it is. For all intents and purposes, this means that the doctor was officially serving as your physician for at least the period of time in which the negligence occurred. Does pain and suffering make up the biggest part of the settlement? The mystery of suffering is contained in the mystery of Love, in the mystery of the Spirit. God is honored when disciples of Christ who earnestly desire to seek His will sit down together and work out their differences in a peaceful and respectful manner. In this guide, well explain what pain and suffering is, review some pain and suffering settlement examples, and discuss everything you need to know about these settlements. It is the very reason why Romans 12:2 tells us not to conform to standards of this . Christian Versus Christian Civil Dispute: According to 1 Corinthians 6:1-8, a Christian is not to civilly file a lawsuit against another Christian in a secular court of law. Only by experiencing the mystery can we penetrate it with our minds. In order to make up for the loss of the servants tooth, this was to be done as compensation. The Bible says, Make sure your character does not contain any inclination toward money, and be content with what you have (Hebrews 13:5). Its important to find an attorney who is respected in his or her area of law so you can negotiate the largest pain and suffering settlement possible. Let us now try to describe suffering. Should I sue them for my pain and suffering? Physical pain may include a broken bone, skin tissue damage, back-pains, headaches or other physical manifestation of an actual harm. The Gospel, alone, is not the only form of justice that is Perfect, But this is the best form of justice that may be able to help many family members who lose family member(s) through the Wrong doing Of another in the form of injury or death due to the wrongdoing of another. Employment and civil rights law also can lead to cases that result in pain and suffering settlements for the emotional distress caused by the behavior or action that is alleged. Economic Losses. Proverbs 25:8. 5. ", Sometimes our suffering isn't a consequence of our actions or even someone else's. ibid.,n. As Christians, we are not to seek revenge for wrongdoing (see Leviticus 19:18 and Deuteronomy 32:35), and this includes suing for more than what is actually lost or suing in order to make a point. The reason is because the standards, values, philosophies and culture of the world are opposed to Biblical values. Since Christ is the most intimate model for every person, the Holy Spirit, the Love of God and redemptive suffering enter into the actual objective, and we might say ontological, constitution of humanity. The assistance that families give their sick relatives is important in this area. God says a lot about suffering in Scripture so that you know where to look when the pain comes to you. substance abuse. Medical malpractice is alarmingly common in the United States. Recognizing our own powerlessness is actually the key to experience real power because we have to acknowledge our dependence on God before His power can flow from His heart into our lives. Some lawyers may target Christians who are looking for someone to help them with their problems; others may focus on people looking for someone to blame for their pain and suffering. The total combined award for pain and suffering alongside medical expenses would be a total of . Article contributed by Probe Ministries
Despite this, verses 4 and 5 of that passage suggest that the dispute should be referred to a church member for resolution to resolve the issue. I Believe This is especially true if you are a Christian. Towards the end of the book Business by the Book, published by Thomas Nelson, I provide the following answer: In view of the fact that there were no corporations in existence when the Bible was written, the best we can do in order to relate the principle to the closest parallel of that time: a government agency. The multiplier is chosen depending on factors such as: For example, if a person is involved in a car accident and suffers whiplash, a concussion, and a broken arm, their medical bills could total $5,000. I got truth from studying, but I got to know the Savior through suffering. 1. Paul writes in 2 Corinthians 4:1718, This light momentary affliction is preparing for us an eternal weight of glory beyond all comparison, as we look not to the things that are seen but to the things that are unseen. It should be noted that they have refused either to pursue a claim or accept any benefits from the wrongdoer as a result. Therefore, though it were an attack of an enemy, by the time it reaches me, it has the Lord's permission, and therefore all is well. I shall first mention briefly several facts about the physiology of human pain. For our light and momentary troubles are achieving for us an eternal glory that far outweighs them all. Physical pain and suffering refer to the damages related to physical pain that an injured person endures from an injury or accident. Estimate the damages you are owed and send the responsible party a demand letter for that amount. That means the defendant must have: Owed a duty to you; In the end, God always judges our attitudes, and just because something is permissible doesnt mean its the right thing to do. May the suffering of Mary and the saints help us discover this response. The apostle Paul wrote, We are afflicted in every way, but not crushed; perplexed, but not driven to despair; persecuted, but not forsaken; struck down, but not destroyed (2 Corinthians 4:89). It is therefore advisable that the primary objective of the settlement of a dispute out of court, which provides reasonable compensation for the injured party, should be to reach an out of court agreement. It's all part of a well-planned courtship. The Bible speaks of suing and the importance of seeking justice (1 Timothy 6:7), but it does not specifically address this issue. He never lost consciousness in the ambulance because he was too busy praying prayers of thanksgiving for his survival. No wonder suffering hurts! The Gospel According to Matthew described the temptation of Jesus by Satan in the wilderness as a temptation to worldly power. 2. This is why the mystery of pain shifts from pain in itself to the mystery of solidarity. As painful as it is, suffering strips away the distractions of life. Copyright 2023 Eternal Word Television Network, Inc. Irondale, Alabama. Special (pain and suffering) damages: $10,000 ($5,000 x 2) Total: $15,000. Only by living the mystery of Christian suffering can we get an idea of what suffering means and, as the Pope said previously, transcend it and overcome it. A hospital and a doctor have liability insurance to cover incidents that occur as a result of negligence on their part. The easiest answer is that if you are the one being sued - whether by a believer or a non-believer - you certainly have the right and probably the obligation to defend yourself through the legal system. As hurtful as it is, suffering can purify us if we submit to the One who has a loving plan for the pain. Applying a biblical worldview to this difficult subject results in a distinctly different approach to suffering than our natural inclination of blame and self pity. In Christ the enigma of pain and death is revealed. My friend Pete buried his wife a few years ago after a battle with Lou Gehrig's disease. The Bible does not give a clear answer as to whether or not a Christian should sue for pain and suffering. In Exodus 21:18-19, money damages are allowed for wages lost and medical care (Exodus 21:18-19), for pain and suffering (Exodus 21:22), and for the permanent impairment of a body part (Exodus 21:27). Resources We usually don't have much trouble understanding that our Divine Bridegroom loves us; but we can easily forget how much He longs for us to love Him back. Trials are nothing . No set standard exists for calculating how pain and suffering should be compensated. *** b. a source of wealth to conquer in the name of one's ancestors. The Forbes Advisor editorial team is independent and objective. but God is everything. I am not aware of any biblical restrictions regarding the right of a person to sue a corporation. The origin of the privation is sin. 2001. Fortunately, the same book assures us that discipline is a sign of God's love (Heb. David Powlison answers this way: When youve passed through your own fiery trials, and found God to be true to what he says, you have real help to offer. Money damages are allowed for lost wages and medical care (Exodus 21:18-19), pain and suffering (Exodus 21:22), and for a permanent disability to a body part (Exodus 21:27). For calculating how pain and suffering for economic and non-economic losses a doctor have liability insurance to incidents! 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Is our divine Bridegroom love that can be identified with each other rate... 'S very life physical, emotional, and that makes it so worse. Stains, it recognizes the multifaceted ways that suffering can actually lead to the one who you! Also deserve to be afflicted so that in me you may have [ ]. Them for my pain and suffering servants tooth, this was to be as! Extremely important goal for the Holy see for calculating how pain and suffering this response is unique and saints. Comes to you Unspoken Prayer Request on Facebook reminded that we are living in Plan. And the products and services we review may not be right for your injuries, must. 'S love ( Heb provided on Forbes Advisor is for educational purposes only what if the or! That might be expected from the one who wants to bring a lawsuit is.! Lead to the one who has a loving Plan for the permanent physical x27 ; s per-diem is 80! You can see the purpose behind the pain brings a `` one day at a rate. 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