Factors That Affect Pain and Suffering Damages |
Posted: July 15, 2017 |
In respect of personal injury cases it is common that a case with similar injuries can receive a different damages award. One of the reasons for this is that the damages in respect of pain and suffering are very personal in nature and that will differ from one case to the next. Additionally, juries view damages associated with pain and suffering more subjectively then objectively. If you were involved in a car accident, the question is how then do you convince insurance adjusters, defense attorneys and juries that your injuries are as bad as you say they are? This article will discuss factors that affect your damages award in respect of pain and suffering. In order to get the most of a pain and suffering award there is need to fulfill the following factors: Consistency - all parties involved in your case place a high value on the consistency of the plaintiff, these parties include the insurance adjuster, defense attorney and jury. Therefore, you must be consistent in your statements about how the accident happened and more so about the pain that you complain about. Where an injured person’s complaints are inconsistent it can be a sign that the person is making something up. Timothy J. Ryan & Associates will help find out and take all the necessary steps to help the victim. Credibility – one’s ability to be consistent is a sign of their credibility. Because there is no machinery created to determine if a person is experiencing pain, doctors and jurors rely on the patient’s word to advise them of the pain and the amount of the pain being experienced. In the event that the jury does not think that the plaintiff is credible, the jury will not believe the testimony provided by the plaintiff in respect of how the injury happened and neither will they believe the testimony as to the pain and suffering associated with the injury. Some factors that can affect a jury’s thinking in respect of the plaintiff’s credibility include the following:
Likeability - generally if you do not like someone, you are probably not going to do that person any favors. Because likeability is personal if the jurors do not like the person sitting before then asking for money, they are not going to give that person much, if any, money. While it is not the law, it is human nature. When a good personal injury attorney Orange County CA , has a client that is abrupt, harsh and generally not likable, the attorney will spend a lot of time working with the person to prepare him or her for deposition and trial. Healthcare providers must be on your side - your doctor must be on your side, this is because pain and suffering damages awarded by a jury must match the severity of the actual injury as explained by the doctor. Further, be careful of doctor shopping which is looking for too many second opinions. If the jury suspect that you are doctor shopping the assumption is that your injury is not as bad as you say it is.
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