“Pain and suffering” is among the most misunderstood components of personal injury law. It can be difficult to quantify pain and suffering, but it is a legitimate damage that can be claimed. Since no amount of justice can undo the past, pain and suffering is used as a monetary compensation to offset the un-rectifiable damages caused by car accidents and other accidents.
Victims of an accident can enlist the help of an injury law firm to handle their case to obtain appropriate compensation for direct medical costs, property damage and pain and suffering.
Every case involving pain and suffering is different. Quantifying distress in a monetary form is inherently difficult. As a rule of thumb, they are directly correlated to the extent of physical injuries and medical expenses. The more severe the injuries are the more pain and suffering the victim experiences. A skilled injury attorney can help calculate and negotiate appropriate and reasonable compensation for pain and suffering. While your injury lawyer will work to maximize your settlement, it is important to keep your expectations in line with your circumstances. Discuss expectations with your injury attorney once you have a good idea of the extent of your damages.
These values can vary to the extremes on both sides of the spectrum. It is the job of the injury attorney to accurately present the physical and psychological suffering endured by the victim. Because we cannot measure pain as we can quantify physical damages, it’s useful for the plaintiff to describe the way the suffering is affecting his or her life. Through these depictions, the injury attorney representing the victim aim to help the other parties visualize and empathize with the pain experienced by the victim of the accident.
Many injury law firms dealing with pain and suffering cases aim to suggest a precise amount of money to the jury, as a compensation for the distress of their clients. They calculate these amounts based on the total sum of various medical expenses, lost wages, property damage and other damages. In some states there are laws that control certain types of evidence an injury attorney is allowed to present in court and may be forbidden to suggest an award amount to the jury. In Colorado, it is inadmissible to state that either party has coverage for damages through an insurance policy.
If a case goes to trial and left to be decided by a jury, that jury must establish both fault and the total amount of damages incurred to the plaintiff. A jury may rule that the defendant is entirely at fault or it may determine that both parties contributed to the accident. In the latter case the amount awarded to the plaintiff may be reduced based on the jury’s ruling of percentage of fault.