What are pain and suffering damages?
The basic answer is that pain and suffering damages are the amount of money a person receives for the physical and emotional losses caused by an injury. These are sometimes referred to as “non-economic damages” by “tort reformers.” North Carolina, like many states, has set certain caps or limits on non-economic damages. Most people understand these injuries as human losses caused by an event or injury.
Calculating and deciding the dollar value of pain and suffering is rarely an easy task for a jury. The dollar amount in compensation for pain and suffering is not plucked out of thin air. Essentially, they have to put a price tag on things that don’t have a monetary value. Juries, attorneys and insurance companies do not have a scientific formula to follow and no two people or injuries are the same. There are many factors that are taken into consideration when it comes to putting a value on Pain and Suffering Damages.
What factors are used to determine the value of pain and suffering damages?
Employment/income
ยท Age
community/lifestyle
Marital status/family situation
Evidence
Location of injury and claim
Quality of attitude/witness
pre-existing injuries
bread tolerance
medical treatment
loss duration
Our extensive experience in trying cases tells us that human losses are often the greatest losses. The broken leg can heal, lost wages can be recovered (with interest); but the missed wedding, child’s birthday or other life event will be lost forever.
The degree of change and effect on the above factors due to the injury will help create a complete picture for juries and insurance companies and will impact the monetary verdict enough to even out the human losses. As stated before, no two people and injuries are the same. Even if two people have suffered the same injury, other factors in their lives will affect the dollar amount needed to balance the human losses they experienced from an injury. Lawyers and insurance companies use a few tools to help them come up with a number. Previous jury verdicts and similar agreements can provide a general basis for deciding a range for the purpose of determining how much to “demand” from the other side or how much to ask the jury in compensation. An experienced personal injury attorney will know how to assess the value of your pain and suffering, what factors to include, and what resources to use.