How are “pain and suffering” damages determined?
The system for determining a monetary value for injuries is complex and sometimes unfair. When you initially file a claim (perhaps well after the accident after you have some sense of the medical injuries) the insurance company determines a value for your case, called a reserve. As your case unfolds, this amount is subject to change. In cases with very serious injuries, the reserve may immediately be equal to the insurance policy limits (maximum coverage) of the person causing your injury. Factors figuring into this reserve include: the amount of any lost wages you suffered, the amount of the total medical bills, the seriousness of the injuries, consistency of your treatment, permanency of the injuries, scarring, previous injuries and the extent or lack thereof of the fault of the proposed responsible party. Witness credibility is also key as well as perhaps the credibility and persuasiveness of your attorney.
