A big question our clients want to know is how are we going to figure out what the value of the claim is for the pain and suffering, and that has been a thorn in everybody’s side for years. This is a subject where the pendulum swings back and forth. In the 80s, it was a lot easier to get high-dollar verdicts for somebody’s pain and suffering.
However, in the last several years, it has been much more difficult. A lot of times, juries will reward just the actual damages for medical and do not really put that much weight into pain and suffering. Although, that seems to be recently swinging more towards the plaintiff side.
There are a handful of circumstances to be considered. How severe was the car accident? What was the conduct of the other driver? Do we need to take that into consideration and punish them a little? What was the nature and extent of the injuries and treatment that I got? Somebody who has only had chiropractic care is going to have a different outcome than somebody that needed to have surgery, because they had to experience that treatment and potential treatment for additional care.
So, yes, it is a gray area. It is a thorn in everybody’s side, and it is just something that is going to be unique to you and your experience.
If you have any questions, call or text the car accident lawyers at 612-INJURED at (612) 465-8733 for a free consultation.
