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woman calling 911 in New york city. been in an accidentThere is little doubt that after you have suffered an injury from an accident or negligence that you have endured pain and suffering.  The pain and suffering from your injury is one thing but the emotional or mental pain is also considered when evaluating the compensation for your claim.  How is a monetary value placed on pain and suffering?  There is no real guideline or absolute method for determining that value but there are several factors that influence it.

The type of injury and the severity of the injury is one of the first things evaluated.  The medical expenses involved, the length of recovery and the projected outcome are evaluated as well.  Along with those factors there is the credibility of your injuries and the treatment that you obtained to heal that are examined.  The anxiety, depression or loss of mental capacity because of your injury will be taken into account.  Everything involving the injury will be reviewed and cross examined to determine the true nature of your injury to determine the compensation for your pain and suffering.

There are factors that influence whether the right evaluation will be made that you need to understand.  For the duration of your lawsuit there will be ways that the defendant will be monitoring your progress after the injury.  The process of discovery, depositions, any statements that you make and all activities you engage in will be made known.  It is a good idea to pay attention to all advice you receive from your lawyer regarding information about your case.  To prove that your injuries are valid and that you deserve the damages award that will compensate your pain and suffering these things will be taken into consideration.

  • Your Demeanor

Are you a good witness?  Do you seem trustworthy?  Are you consistent with your answers?

  • Truthfulness

Have you exaggerated your injuries?  Have you lied on any occasion?

  • Your Doctors Agree with Your Injury Claims

There are statements that are in keeping with the injuries you have claimed and the treatments are appropriate for the injury

Pain and suffering in the legal sense is a complex evaluation.  Being aware of what factors are considered can help you to understand your settlement process and compensation for your pain and suffering.