Damages resulting from a personal injury claim can vary greatly from case to case. While medical bills and lost wages are easy to calculate, deciding on the damages to be paid to compensate for pain & suffering is a far more subjective process. People experience pain differently. Not only that, medical science has not yet come up with a concrete way to determine exactly how much pain a person is in, or how that level of pain truly affects their everyday life.
Because of the subjective nature of the pain & suffering portion of a personal injury claim, the insurance companies and jury have to rely upon the honesty and believability of the injured party when determining damages. Here are some of the factors which go into that decision.
- Support of Medical Experts: While they still have to form a subjective opinion (your doctor is not feeling your pain) having medical professionals willing to back you up is an important aspect of your claim. Those reviewing the claim, whether in an office or a courtroom, will want to see that the medical professional agrees that the level of pain reasonably aligns with the official diagnosis. If your doctor is in agreement with your claims, he or she can be a powerful witness.
- Consistency & Credibility: Juries are looking for consistency in your claims, which indicates that you are being honest. If your story changes, if you seem to be fine until people are watching, or if your ankle brace mysteriously appears on the wrong foot, you may have a credibility issue. Your credibility may also be damaged if you have a criminal record, or you have a history of suing for pain & suffering. While your current claim may be valid, if you are caught being dishonest it may affect (if not negate) your settlement.
- Personality & Likability: Whether or not it is fair, a jury will be more sympathetic to a likable person. Someone who is belligerent, abrasive, angry or crass is less likely to receive the maximum settlement; while a pleasant and credible plaintiff is more prone to receiving a positive outcome.
- Vulnerability: There is no benefit to being the strong, silent type when asking for pain & suffering damages. Be honest about your level of pain and how it affects you daily. If the jury thinks you aren’t really in too much pain, you may lose out on money that you deserve.
- Duration of the Pain & Suffering: When considering how much you should be paid in damages, the deciding party will take into account the length of time the injury impacted your life. A life-altering injury likely to cause recurring pain, therefore, is worth far more than an injury that caused painful impairment for 6 months.
- Severity of the Injury: A multiplier will be applied to your actual medical costs and specials based upon the severity of your injury claim. A pulled muscle is not as severe as a broken bone; which in turn is not as severe as a brain injury.Because personal injury law is complicated, it is recommended that you consult a personal injury attorney as soon as possible. We know this is a difficult time, and the attorneys at Probinsky & Cole are committed to guiding you through this process. Working side by side, we can help you to present your case concisely and confidently in order to obtain the pain & suffering settlement which you deserve.
