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Personal Injury Lawsuits and Pain and Suffering

Posted on September 10, 2011 by emorgan

In personal injury lawsuits, one component that is quite hard to determine is pain and suffering. It is difficult to put a monetary value on the pain and suffering – putting dollars and cents on one’s quality of life and the ability to enjoy what the world has to offer. Damages for pain and suffering will try to compensate you not just for the physical pain you suffered but also the mental and psychological trauma the injury has caused.

It is much simpler to compute for property damage – you just have to calculate how much it takes to have the property repaired or replaced and that’s it.With pain and suffering, you are dealing with unique individuals with unique personal histories and pain thresholds. Indeed, what may seem excruciating to one may be just a minor pain to another.

Just exactly how much is your back pain or facial scars worth? Well, it depends on the judge or jury. It will also depend on just how much evidence you hold and how “good” your witnesses are, as well as how effectily your lawyer presents your case. There are no formulas, no “settlement charts” to be consulted. However, there are some factors that will be considered by juries when determining just how much should be awarded for pain and suffering.

Occupation. How much income do you earn prior to your injury? A victim that earns a considerable annual income may result in varying levels of settlement award. One set of jury may think that a high-earning individual is well off enough and may not need a lot of money by way of pain and suffering damages. Yet another set of jury may think that the individual will have lost a considerable amount of income due to the injury and award him higher damages. Also, a simple injury may actually be devastating to some. A knee injury will mean that a famous basketball player can no longer play his favorite sport. It will also effectively end his career.

Age. The age of the victim will also be taken into account. Young victims may heal more quickly. But then again, if the injury resulted in permanent disability, then they will have a longer time to have to deal with their pain and suffering. A person closer to retirement age may be seen as frailer and more apt to suffer from the injury.

Amount of medical expenses incurred. There are some who simply multiply the total amount of medical expenses by a certain number to get the value of pain and suffering.

Kind of injury. The kind of injury will also be considered. For instance, the trauma of a facial injury and its subsequent scarring will more likely cause more suffering than an injury where there is no scarring or the scars can be kept hidden.

The witnesses you also call may also affect the amount of pain and suffering compensation awarded to you. The witnesses you bring will show how the injury has affect your day-to-day living and your enjoyment of it.These witnesses need to show credibility as they narrate how you have suffered – how the injury has affected your family and marriage situation, how your day-to-day activities and hobbies have been limited by your injury, how much pain you are in, and so on.

Working for a Fair Personal Injury Lawsuit Settlement

The goal in filing a personal injury lawsuit is for you to get compensated for your losses, not just financially but also emotionally and psychologically. The other party (and their insurance company) will naturally try to give you a lowball offer, prior to the filing of a lawsuit. It is up to you and your lawyer to try to negotiate for the right personal injury settlemtn that is due you. You may need to apply for a lawsuit settlement advance.

Sometimes, having enough funds throughout the process can help. You can consider getting litigation funding so that you can continue to pay for your daily needs as well as for court costs while the lawsuit is on dock. Lawsuit funding will give you the much-needed funds for you to keep on track and not be tempted to say “yes” to lowball offers from the other party.

Remember, showing the extent of your pain and injury may require a considerable cost to you. You will need to spend for the deposition of the witnesses as well as to call in expert witnesses to give their opinion of your injuries and suffering. A lawsuit cash advance will help fund these expenses as you work to bolster your case.

A lawsuit settlement funding is offered as non-recourse funding. This means no risk funding for you. You only need to pay once the lawsuit settles. For quick and easy lawsuit funding, you can go to They will evaluate the merits of your case and once you are approved, you can get the cash in as quickly as a day.


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