Factors That Jurors Often Consider in Awarding Pain and Suffering in Michigan
Our job as your attorneys is to get you fair compensation for all of the injuries and damages that you have suffered. This includes compensation for pain and suffering.
While There Is No Formula for Pain and Suffering, Jurors Are Entitled to Look at the Totality of Your Injuries and Determine What They Think May Be a Fair Award.
Every injury is different. Some injuries result in significantly more pain and suffering than other injuries. As a result, juries typically consider factors such as the amount of pain and suffering endured, how long the suffering and/or disability will continue, and the psychological effects involved.
How We Present a Case for Pain and Suffering
When we present your case in the context of settlement negotiations or in front of a jury, we clearly explain the degree of suffering that you have endured. This is the only way to ensure that the true measure of your suffering is adequately taken into account.
In some instances, video can be extremely helpful in showing the effects of injuries, particularly if the true suffering is not readily apparent. Testimony of therapists and family members can also be helpful in presenting a picture of pain and suffering.
When we make an argument concerning pain and suffering in settlement negotiations or before a jury on behalf of our client, we want to present a clear picture as to the actual pain and suffering of our client. Here are some of the factors juries often consider in an award of pain and suffering:
1. How severe was the pain, and how long did it last?
With many types of injuries, such as severe burns, the pain and suffering can be excruciating, and can last for many months or longer. Burns also are particularly devastating, because they can require extensive ongoing treatment and painful reconstructive surgery.
2. Is there Permanent Injury?
When injuries are permanent, a jury will be more inclined to award higher damages for pain and suffering, as the pain and suffering will continue.
3. Is/Was There a Disability?
Injuries often disable people, either temporarily or permanently, from performing their normal daily activities, which can cause a tremendous amount of stress, inconvenience, embarrassment, anxiety, etc.
4. Is There Physical Disfigurement?
Some injuries leave victims with physical scars that never go away. These are daily reminders of the injuries caused and can result in depression, low self-esteem, and social withdrawal.
5. What Types of Psychological Injuries are Suffered?
Psychological injuries can include aspects such as ongoing fear or nightmares relating to the accident, or self-esteem issues that an injury victim must face on a daily basis.
A person who must use a wheelchair for the rest of his or her life because of an injury may sustain significant psychological damage in addition to physical damage. Additionally, a child who has sustained severe burns may suffer psychological trauma in later years.
While we cannot predict how much a jury is likely to award you for pain and suffering, once we understand the nature of your injuries and how they have affected your life, we can explain to you the case we will make for an award of pain and suffering for your case.
If You Have Been Injured by Another Person, Please Call Us to Find Out How We Will Work Hard to Obtain the Full Measure of Compensation For You
We offer a free, no-risk consultation so that you may learn about the options available for recovery, and so that we may learn about your case. During this consultation we will explain how our firm and attorneys will work hard to prove each and every element of your case against all those responsible, and how we will work hard to obtain for you every penny you deserve.