“Pain and suffering” is a term that most people are familiar with. While the words may seem simple, the meaning is not. There is a wide-range of court decisions determining pain and suffering in Massachusetts, and no two cases are exactly the same. Because there is no single formula or exact science to determine what a person should be awarded for pain and suffering from an injury, it is important for people to understand what juries and insurance companies look at to help determine the outcome of each case. A knowledgeable personal injury attorney will be able to help you through the process to help you get the outcome you deserve. However, it is important for people to understand that there are various factors that may be considered, even if they are considered unfairly.
Economic Background
A person’s financial situation may be taken into account. For example, someone who earns a six-figure salary may be viewed as capable of losing some wages from time off work. However, someone who works from home making a modest income, may also be viewed as someone who may not have the financial means, but does have the physical means to still work at home.
Witness Appeal
The way a person presents him or herself could sway a jury. An elderly lady may seem more convincing than a sixteen-year-old boy in good health. People may feel more compassion for someone based on their age, appearance, or how they speak while on the stand.
Medical Treatment
Medical treatment can certainly play a role in how much a person may be compensated for pain and suffering. Sometimes, a jury or insurance company may need to see that the person actually required a lot of care in order to establish that pain and suffering should be given to that person. This is why it is absolutely critical to document all medical treatment associated with an injury.
Pre-existing Injury
Your health prior to the accident could play a role in how a jury will see your current case. A jury may be tempted to blame an old injury or pre-existing condition on a person’s current injuries. Again, you should document your medical treatment as closely as possible so that you have professionals on your side.
Pain and Suffering in Massachusetts- In a Nutshell
While the above-mentioned circumstances should not determine the outcome for pain and suffering – after all, if your life has been altered due to a personal injury you should be compensated – sometimes these things are taken into consideration. There is a human element to the process that has to be remembered. People naturally consider several things about a case, even if they should not.
A Personal Injury Attorney
If you have been injured, reach out to someone who will be on your side. Attorney Peter Ventura is a personal injury lawyer that serves Worcester County, MA and he is ready to hear from you. Contact him today at 508-755-7535. Allow his years of experience to work for you!
Photo via Flixr by Ze’ev Barkan
