Size of Settlement
The settlement a person receives for their pain and suffering depends on many factors. This includes the severity of the injury, type of medical treatment received, the length of recovery time, and potential long term consequences of the personal injuries. In addition to physical pain, claimants can also cite emotional and psychological trauma in their pain and suffering claims. For example, a visible scar on the face can lead to painful feelings of constant embarrassment and insecurity.
The amount of money damages a claimant gets for pain and suffering will also depend upon the amount claimed in a lawsuit if such is filed or the amount demanded to the responsible party in the underlying claim if it is an insurance claim. Even though a lawyer representing a client in an injury negligence-based lawsuit may claim a certain amount for pain and suffering, the jury or the insurance adjuster will award pain and suffering money for differing reasons. In practice, historically tort cases involving personal injury often involve contingent fees, with attorneys being paid a portion of the pain and suffering damages; one commentator says a typical split of pain and suffering is one-third for the lawyer, one-third for the physician, and one-third for the plaintiff.
Jury awards for pain and suffering vary depending upon the socio-economic and political factors motivating them at the time in the particular jurisdiction of the suit. In most states the maximum monetary amount awarded for pain and suffering is capped at what is listed in the particular suit or written complaint. In some jurisdictions there are maximum amounts set in law which a jury may not exceed in awarding damages.
The personality of the plaintiff, their witnesses and overall effect of the injuries which befell the victim plaintiff will play a powerful role in any damage award if damages are even awarded once liability issues are satisfied. The power and personality of the lawyer representing her or his client also may factor into a high money damage award case.
Such awards may follow in house insurance guidelines with some leeway granted to adjusters to adjust the claim in order to prevent the claim from being fully litigated in court. There is a wide range of levels of compensation which may fluctuate seasonally and with the economy and dictates of the insurance industry setting the varying levels of compensation to claimants. Some insurers have experimented with using computers which tabulate the data that is presented and grant the adjuster a level of money authority for which to settle the claim.
In the Western world these awards are typically discretionary awards made by juries and are regarded as difficult to predict, variable and subjective, for instance in the US, UK, Australia and New Zealand.
Read more about this topic: Pain And Suffering
Famous quotes containing the words size of, size and/or settlement:
“One writes of scars healed, a loose parallel to the pathology of the skin, but there is no such thing in the life of an individual. There are open wounds, shrunk sometimes to the size of a pin-prick but wounds still. The marks of suffering are more comparable to the loss of a finger, or the sight of an eye. We may not miss them, either, for one minute in a year, but if we should there is nothing to be done about it.”
—F. Scott Fitzgerald (1896–1940)
“Eat your meals according to the size of your bowl.”
—Chinese proverb.
“A Settlement is above all a place for enthusiasms, a spot to which those who have a passion for the equalization of human joys and opportunities are early attracted.”
—Jane Addams (1860–1935)