We are frequently asked by our clients how juries award damages for “pain and suffering.” This issue also comes up in every personal injury case when an insurance company is evaluating settlement demands. This process is one of the most challenging aspects involved in representing injury victims.
There are two types of damages that are available in most personal injury claims. First, “special damages” which includes out-of-pocket expenses such as past and future wage loss, loss of earning capacity, past & future medical expenses, loss of household services, and property damage. These are economic damages that are ascertainable with a dollar and cent value.
“General damages” are the second type of damages awarded in personal injury actions. This is a broad category that includes compensation for physical pain, mental suffering, and emotional distress—in other words, non-economic damages. When an injury case goes to trial, a jury is instructed by the judge as follows for the award of general damages:
Insurance companies and insurance defense attorneys follow these same guidelines.
We argue for general damages in every personal injury case that we have tried. It is also a major factor in determining a fair settlement in these matters.
The major issue we address is the nature and extent of injury. In other words, are the symptoms of the injury short-term or permanent? The more long-term and permanent pain or disability becomes, the more damages our clients are awarded.
For example, disfigurement from dog bite or a burn injury can be life-altering. Permanent scarring will always remind an injury victim of the horrible incident that caused the disfigurement. Oftentimes there is chronic pain associated with these types of injuries. Finally, a person may sometimes suffer severe psychological injury such as PTSD as a result of these injuries. Symptoms of PTSD can last a lifetime — even with good quality medical care. If a person has life-long psychological injury, chronic pain, disfigurement, or disability, general damage awards can sometimes easily be in the millions of dollars. These are cases where a person’s life has been unalterably changed for the worse. The fundamental principal here is that there should be fair compensation when these serious injuries are caused by the negligence or wrongful conduct of others.
All personal injury cases have special damages and general damages components. Our office has many years of experience evaluating these damages and we fight hard to recover them in court or in negotiations with an insurance company.
We strongly believe that you should not try to settle your injury claim on your own because it will be difficult for you to lay the groundwork for a maximum recovery not knowing the legal standards involved.
We also recommend that you only retain attorneys with many years of experience handling these types of cases. You will be better served by using skilled injury attorneys who practice in this community. Out-of-town lawyers will not take the time to determine what constitutes a fair settlement in this community. Further, out-of-town lawyers have no knowledge of how juries in this area have handled similar cases. Finally, we have heard all too often that out-of-town lawyers seek quick, lowball settlements in cases where the award should have been much higher.
Rest assured that the Zwerdling Law Firm is highly experienced with these matters and will fight zealously to protect your interests.