What are pain and experiencing damages?
The basic answer is that damages for pain and experiencing are the amount of money that a person receives for the physical and emotional losses caused from an injury. “Tort Reformers” sometimes refer to these as “Non-Economic Damages.” North Carolina, in addition as many states, has placed certain caps or limits on Non-Economic Damages. Most folks understand these injuries as the human losses caused by an event or injury.
Calculating and deciding on the dollar value for pain and experiencing is rarely an easy task for a jury. The amount of dollars in compensation for pain and experiencing are not just pulled out of thin air. They essentially have to put a price tag on things that don’t carry a monetary value. Juries, attorneys and insurance companies don’t have a scientific formula to follow and no two people or injuries are alike. There are many factors taken into consideration when trying to put a value on Pain and experiencing Damages.
What factors are used to determine the value of Pain & experiencing Damages?
· Marital position/family Situation
· Location of injury and claim
· Attitude/observe quality
· Pre-existing injuries
· Tolerance of pain
· Medical treatment
· Duration of the loss
Our extensive experience is trying situations tells us that the human losses are often the greatest losses. The broken leg may heal, the lost wages can get repaid (with interest); but the missed wedding, child’s birthday or other life event will be forever lost.
The degree of change and affect in the above factors because of the injury will help create a complete picture for juries and insurance companies and impact the money verdict sufficient to equal the human losses. As said before, no two people and injuries are the same. already if two people have suffered the same injury, other factors in their life will affect the dollar amount necessary to balance the human losses they experienced from an injury. Lawyers and insurance companies use some tools to help them arrive at a figure. Past jury verdicts and and similar settlements can provide a general base in deciding a range with the purpose of calculating how much to “need” from the other party or how much to ask a jury in compensation. An experienced personal injury attorney will know how to estimate the value of your pain and experiencing–what factors to include and what resources to utilize.