If you’ve been in an accident or you are involved with a lawsuit where you are trying to get a pain and suffering award as a part of the compensation that you’re suing for you might not have an easy time getting what you feel you deserve for your pain and suffering. Often the amount of a pain and suffering award is a determination that each judge makes individually based on the weight of the evidence and also on several other factors. Here are 3 of the most common factors that affect how much pain and suffering money a judge gives a claimant:
1. Need level – A jury or a judge that is determining how much pain and suffering compensation to give to someone will always look at that person’s need level. If the person who wants the compensation is independently wealthy and doesn’t need a lot of money that person probably won’t get as much of an award as someone that works a minimum wage job and will be out of work for months as a result of the accident. How much money you need and how much your life was affected by the accident play a large role in determining the amount of pain and suffering compensation you receive.
2. Credibility – Whether or not you get a large pain and suffering award will also depend on whether or not the judge or jury believe you when you say you are injured. They will look at your testimony, your medical records, your demeanor in the courtroom and they will look at how you behave on a daily basis. For example if you claim that you have back injury but you’re out playing golf everyday you might not get a very large pain and suffering award. But if you say you have a back injury and you spend every day in bed because it’s too painful to get up you will probably get a much larger award.
3. Age – Age definitely matters when it comes to determining a pain and suffering amount but it might work for you or against you depending on the judge or jury that you get. If you are young and don’t have a lot of money saved the judge or jury might think that you have plenty of time to go out and earn more money so you won’t get a large pain and suffering award. Or, the judge or jury could decide that since you are young and your earning potential has been compromised you’re entitled to a large pain and suffering award.