How You Determine The Value of Your Personal Injury Case

Pain and suffering can include soft tissue injuries, broken bones, internal head injuries, scarring, depression, post-traumatic stress disorder and temporary or permanent disabilities. This list is by no means exhaustive. There are numerous other physical and emotional traumas possible that fall under the heading of pain and suffering which could include a claim for loss of consortium for a spouse or emotional bystander distress.

There are no set figures or charts for how much restitution is determined for pain and suffering. Juries, judges, mediators and arbitrators base decisions on many factors. Some of these elements include but are not limited to:

· Age: An older person is more likely to receive a higher award for pain and suffering than a younger person. Young people are considered to have faster healing capabilities than older people.

· Type of Injury: The nature of the injury, including any permanent disability that results, is pivotal to the amount of restitution. As is obvious, a Plaintiff with a broken wrist will not receive as much compensation as a Plaintiff with a traumatic brain injury. This does not mean, however, that two Plaintiffs with identical injuries will receive the same amount. One Plaintiff may suffer more because of, for instance, a low pain threshold, and receive more money than the second Plaintiff.

· Credibility of the Plaintiff: The honesty of the Plaintiff and his or her actions following the injury are scrutinized. A Plaintiff who demonstrates he or she acted in a manner) as might be reasonably expected of a person with a specific injury will be likely be believed by a judge or jury about the extent of injury and its effect on the Plaintiff's lifestyle.

· Impact on lifestyle: The injured person's lifestyle previous to the injury is relevant. For example, a person who is employed full-time, a spouse, a parent and involved in recreational sports is likely impacted more than a single person with a sedentary lifestyle.

· Location where lawsuit is filed: Studies show that Plaintiffs in lawsuits filed in urban areas will receive higher restitution than Plaintiffs of lawsuits commended in suburban and rural areas.

· Attorney: An experienced personal injury attorney will present a well documented case, have strong negotiation abilities and lay out a persuasive argument, complete with reputable research, in favor of the Plaintiff. These are essential elements in a successful personal injury lawsuit.

Exceptions to this standard are claims for pain and suffering presented to an insurer. The adjuster responsible for the case will often follow guidelines with varying levels of compensation that have been established by the insurer. The adjuster will assess the severity of a particular injury and apply guideline specifications.

Every injury sustained is individual. As the above factors show, injuries and people are not identical and, for this reason, an experienced personal injury attorney should be consulted for a legal opinion regarding compensation for pain and suffering due to a personal injury.