How Much Is Your Pain And Suffering Worth In A Personal Injury Lawsuit?


In addition to compensatory and punitive damages, you may also be eligible to receive financial compensation for any "pain and suffering" stemming from your injuries. While most people think convincing the jury to award pain and suffering damages is the tough part, it's actually figuring out how much those damages should be worth that can become a headscratcher, considering there's no concrete standard that juries can follow.

Variables That Can Affect Your Award

There are plenty of variables that can affect how much you stand to receive from a pain-and-suffering award. Some of these variables are rooted into the facts of the case, while others are based on how the jury sees the plaintiff.

For instance, a jury can award a large pain and suffering award based directly on the plaintiff's testimony. If the jury considers the testimony to be truthful and consistent with the facts of the case, it may be more inclined to award compensation for pain and suffering. If the jury thinks the plaintiff has exaggerated the extent of his or her injuries or suspects something else is amiss in the plaintiff's testimony, it may be less inclined to award such compensation.

The plaintiff's own likeability can also have a sizable influence on pain and suffering awards. Those who are seen as pillars of their community or relatively affable in personality may sway jurors into larger pain and suffering awards. To that end, your own socioeconomic background and that of the jury can also have an effect, although juries are supposed to be impartial and relatively neutral in their duties.

Common Methods Used to Calculate Pain and Suffering Awards

There are two main methods the courts can use to determine pain and suffering damages:

  • Your attorney can simply multiply your actual damages by a set number, based on the severity of your pain and suffering on a sliding scale of 1 to 5. If you incurred $10,000 in medical bills due to an injury that's left you in moderate pain, your attorney may multiply the cost of those bills by 3, leaving you with $30,000 in pain and suffering damages.
  • Your attorney may use a "per diem" rate, which is usually the amount of money you'd usually make if it weren't for your injury. Per diem rates are usually in effect starting on the day of the accident, continuing until either a reasonable settlement is made or the plaintiff reaches the maximum monetary amount that can be awarded.

These methods are normally used for calculating pain and suffering, although the courts and insurance companies can use their own unique calculation methods to determine a fair and impartial amount. For example, some insurance companies rely on computer software to determine settlement amounts.


12 November 2015

Maximizing Compensation in Accident and Injury Lawuits

Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!