This is Kentucky Injury Attorney Tate Meagher with the Meagher Law Office.
Understanding Pain and Suffering Damages
So, how are pain and suffering damages valued in an injury claim? The value of one’s pain and suffering case is highly dependent upon the facts of the case.
Key Factors to Consider
The main facts to look at when trying to determine the value for one’s pain and suffering damages include:
- Severity of Injuries: How severe are your injuries?
- Medical Treatment: How much medical treatment have you had to receive?
- Surgery: Did you have to undergo surgery?
- Physical Pain: What type of physical pain did you endure due to your injuries?
- Activity Limitations: What types of activities can you no longer do?
- Mental Impact: How have your injuries impacted you mentally?
- Daily Activities: Do your injuries affect your ability to move, walk, or perform daily activities?
Calculating Pain and Suffering Damages
You may be asking yourself, do lawyers and insurance companies have a set value for one’s pain and suffering? How do they actually calculate these damages?
Using Historical Data
The primary way we try to calculate one’s pain and suffering damages is by looking at historical data of jury verdicts in the local area. We compare past cases that went to trial where someone suffered similar injuries and had a similar amount of medical treatment to your case.
Predicting Jury Awards
Ultimately, what lawyers and insurance companies are trying to do is produce a value for this individual’s pain and suffering by predicting what a jury of strangers might award in your case. There’s no exact science in predicting what a jury would do, but we can get a very good approximate value by looking at historical data.
Conclusion
Remember, if you have been injured in an accident, don’t wait—call Tate. Also, be sure to subscribe to my YouTube channel and watch more of my videos. Thanks for reading!
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