Q. A common question asked by our clients who have been involved in car crashes is: "What is a fair amount to compensate me for the pain and suffering that resulted from the crash?"

 A. It is hard to talk about money when evaluating things like human pain and human suffering. Unfortunately, money damages are all that is allowed for these losses. The amount must be reasonable. What is reasonable is for the jury to decide. However, in this context, reasonable should not mean cheap or bargain basement value. Reasonable means based on reason. The damages awarded should be fair, decent and full damages for the loss sustained.

            Suffering includes depression, anxiety and loss of enjoyment of life. Although the amount may be quite substantial in a case where the pain and suffering will last a lifetime, to award less would not be just when the damages are caused by the Defendant’s negligent conduct.

In determining reasonable compensation for a person's pain and suffering, there is no mathematical formula to rely on. We often hear arguments from insurance adjusters that the value should be 3 times the medical bills and lost wages. There is nothing in the law that supports this type of analysis. One should look at the severity of the pain, the extent of the human suffering, and the length of time the person experiences each. It is apparent that a lifetime injury is worth much more than a short period of pain and suffering. Likewise, the intense pain of a burn victim or the suffering of a brain injured person is a much more devastating loss than the discomfort of a mild headache. Attorneys often use the verdicts obtained in other similar cases to estimate an appropriate value.