How insurance companies and juries determine the value of pain and suffering
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How insurance companies and juries determine the value of pain and suffering

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The value of pain and suffering can be one of the most difficult things for a jury or an insurance company to determine. Every case has its own unique circumstances and deserves to be studied on a case-by-case basis to determine the amount a person may be awarded.

Factors in Determining the Value Placed on Pain and Suffering

The jurors and insurance companies who are deciding what to award a claimant are people who are instructed to look objectively at each case, but the same circumstances of the same case may be seen differently by two different people. Jurors will look at these circumstances to decide the monetary value of the pain and suffering of a claimant even if the circumstance doesn’t have much to do with the pain itself, such as:

  • Income: The same two people injured in the same accident with all the same circumstances, including the same attorney may have different outcomes if they have much different income levels. Maybe the jury decides that the stay-at-home mom with a husband who provides a good living for his family doesn’t deserve quite as much as the single mom making it on her own.
  • Age: Again, two parties with the same circumstances in all areas except their age may get different settlements because the jury might decide that the 65-year-old woman should be better compensated than the 25-year-old man.
  • Different communities or social circle: Just like the income example, a claimant who is living in a circumstance that indicates they are “needier” than the other claimant may produce a different result.
  • Pain tolerance: Each claimant may have a completely different experience with their level of pain and suffering. If a claimant has the medical records, witnesses, or doctors statements to indicate that they suffered extensively, and it is a reasonable conclusion based on the facts of the case, they may be awarded more than the claimant who was able to tolerate their discomfort or pain after an injury.

While these are only a few examples of how circumstance affects the final result, we can agree that many of these should not have anything to do with the actual pain and suffering. It does however make it clear that each case is unique and each person involved in the case is unique and therefore will see the case subjectively, no matter how small the extent.

Call an Kamerow Law Firm | Personal Injury Attorneys

With this in mind it should be noted that it is important to make sure that you have the best attorney for your case. Like every other person involved in your case from witnesses, the judge, your doctors, and the jurors, your attorney can have a big impact on the settlement you receive. Contact us now to schedule a free initial consultation with an attorney at Kamerow Law Firm today to discuss your case. Call us at 703-370-8088.