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3 factors that determine a pain and suffering settlement

| Oct 6, 2017 | Blog |

Countless people are injured every day, and unfortunately, the responsible parties are not always held accountable. If you have been hurt, you should fight to ensure that your case does not meet this fate.

This may entail filing a personal injury claim and potentially even pursuing legal action. Part of the settlement you might receive could be for the pain and suffering you have sustained. According to DMV.org, a claim may account for medical costs, but it can be less clear what specific factors determine a pain and suffering settlement. The following are three considerations typically used in calculating such a settlement.

Loss of life enjoyment

If you are an avid jogger and an injury leaves you unable to participate in this hobby the way you previously did, your general enjoyment of life will probably decrease dramatically. This is true of any other hobby you might be unable to enjoy due to an injury. When the negligence of another person or party is to blame, they should compensate you for this significant change to your life.

Mental and physical pain

You are likely to also experience mental and physical pain as a result of your injury. The physical trauma may not be apparent immediately, but no injury is painless. No one should underestimate the mental pain you suffer, either. Getting hurt is stressful at best and potentially devastating at worst. A fair settlement should account for both physical and mental anguish.

Reduced earning capacity

An injury may prevent you from working and force you to take time off. Ideally, after making a full recovery, you will be able to return to work without issue. However, for many people, this is not the reality of the situation. An injury may permanently damage your earning capacity and make it difficult to resume your career. A pain and suffering settlement should compensate for such cases.