If you've been the victim of professional malpractice, you could be compensated for any damages you incur as a direct result of negligence. One type of damage you can be compensated for is referred to as 'pain and suffering'. Pain and suffering includes physical pain and mental suffering, such as anxiety, shock, stress, and the loss of the capacity to work. Since this type of damage is hard to assign a dollar amount to, it's up to the jury to decide how much compensation the damage was worth. The burden of proof is on your side to justify the extent and the amount of compensation for damages. If you have a strong case, the jury will probably be persuaded to award you a significant amount. However, if the evidence against the defendant isn't very convincing, the jury will probably award you accordingly. Since the strength of your case often rests in the hands of a solid, convincing case, it could be in your best interest to hire a lawyer experienced in the area of malpractice.