This is a common question individuals ask when they have been injured based upon the negligence of another individual or organization. The answer to that question is determine by what the level of your injury is. Each incident or harm caused to an individual is attended by a certain set of factors that allows attorneys, insurance companies, and in some instances third party trier of facts (juries and judges) to make a determination on the value of what their claim is. For example, an individual who is in an accident which is attended by soft tissue injuries (pain and suffering to soft tissue of a body) is going to be treated differently in terms of the valuation than someone who is involved in an accident where they have broken bones or even injuries that will be with them for the rest of their lives — injuries that may cause an individual to lose a limb or not to be able to return to work and provide for their families. Those injuries will be treated differently in terms of the scale. So what the value of your case will be is determined quite frankly by the level of the injury you suffer in connection with the accident.
How is pain and suffering determined? What is the value of your pain and suffering?
That is an individual question. One individual’s pain and suffering and their experience with respect to an injury that is caused by the negligent act of another, or an intentional act of another, may be different than another’s. One of the jobs of an attorney is to make sure they paint the picture of the injuries sustained by their client — that they paint the picture of the pain and the suffering and the discomfort that their client has experienced by virtue of the negligent act or intentional act of another. And that entire process if really controlled by the gathering of information about that particular individual. It is important that after you have been injured by another individual to memorialize what you go through as a result of that injury. And that takes the form of a number of different vehicles. Obviously, there is the medical records and billing information associated with any treatment that you might receive in connection with that type of injury. There are also other effects that accidents or injuries could have — the effect upon your ability to maintain your job, do your job, or to even go to work is important to note. So is the ability to communicate with an individual’s employer — to establish what amount of time was lost and what the evaluation of that time was would be important in order to make a determination of what an individual’s claim is worth. This information in terms of the value of pain and suffering is determined on a case by case basis. But in all cases it is very important to gather the information to support your position regarding the pain and suffering that you have experienced.