Pain and suffering is subjective, which means the value of a pain and suffering claim is open for interpretation. Your attorney, the insurance company and the jury may review various factors to determine the value of a victim’s pain and suffering, including:
The severity of your injuries
What impact your injuries have on your daily life (activities you can no longer engage in, activities you need help with, ability to work, etc.)
Whether you have preexisting injuries that were affected by the new injury
Doctor’s notes about the seriousness of the injury and restrictions on the victim’s physical activity
Your age
Your level of physical activity prior to the accident
How much physical therapy and rehabilitation you may need
How much follow-up treatment you need to manage ongoing problems related to your injury
And more