pain and suffering

Personal Injury

Assigning Value to Pain and Suffering

Trying to determine the specific value of someone's pain and suffering is a tremendous task for juries. There is no pre-determined way for attorneys and insurance companies to assign these values. Every case is different and needs to be evaluated on its own merit. Just because two people have the same injury does NOT mean that their suffering is equal.
There are several different factors to take into account in order to determine how much money someone will receive for their pain and suffering following an injury. The credibility of the witnesses, pre-existing injuries, tolerance for pain, chosen profession and the general skill of an attorney at presenting the case are some of the issues to analyze when calculating potential damages. Additional factors include:

  • Job/Income - In theory, this shouldn't be taken into account when considering pain and suffering; however, juries may be influenced by the impact of a special skill-set or occupation to the workforce.
  • Attorney - Only an experienced personal injury attorney should evaluate and negotiate your case. A lesser-qualified attorney may not provide the settlement and compensation than what you deserve for your harm.
  • Where the Case is Filed - Juries in urban areas typically award more money than those in small towns and suburban areas.
  • Quality of the Witnesses - Attitude, body language and demeanor go a long way with a jury. How a witness - or even you - come across to the jury will affect how a jury perceives you, and potentially how much money awarded to you.
  • Medical treatment - The medical treatment provided to you will definitely impact pain and suffering awards. If the jury deems the type of treatment you get to be reasonable and necessary, it's likely a jury will be sympathetic to your injuries. If it looks like you are running up the bills, you may be perceived with a certain degree of suspicion. If your injury is minor and you extend treatment for your injury, the jury may frown, and not award you with an appropriate level of compensation.

There are several other factors involved when calculating monetary value to your pain and suffering. The bottom line: it is best to consult your experienced personal injury attorney to find out what your options are when presenting your case, both to the insurance companies and to a jury. Contact our attorneys immediately for your complimentary case review. If you would prefer to speak with someone regarding your case, please call our offices at anytime: 1-877-659-1620.



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The Texas personal injury attorneys at Rasansky Law Firm represent clients throughout Texas, including Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Kauffman, Lubbock, San Antonio and Tyler. Our personal injury lawyers handle a various types of personal injury claims, including automobile accidents, medical malpractice, birth injuries, nursing home abuse, product liability, defective products, premises liability, day care abuse, maritime injuries, workplace injuries, overtime pay, social security disability benefits and securities fraud.

Call (877) 659-1620 or contact us online for immediate assistance with your case today!.