findlaw.com: Have you been hurt in an accident that wasn’t your fault? No, we’re not hawking legal services on television. We just want to let you know that you may need to bring a serious claim if you’re hoping to collect on the pain and suffering. This article details the factors that jurors may consider:
- The age of the injured victim. Younger victims may get larger pain-and-suffering damages, if they will have to deal with pain for the rest of their lives.
- The type of injury. Brain injuries, and injuries that cause continuing physical pain, will generally result in larger awards.
- How the injury affects the victim. This includes consideration of past, present, and future pain and suffering — including the certainty of future pain.