What Goes Into A Pain And Suffering Settlement Amount?
If you were injured by another person who was negligent, chances are that you are going to sue that person for pain and suffering damages. However, pain and suffering are not easy to calculate, since there is not a dollar amount directly attached to them. That's why it's important to know what factors are used to determine how much to request for pain and suffering.
Your Activity Level
Are there things that you are no longer able to do because of your injury? Maybe you were an avid golf player and now experience so much pain when swinging a golf club that it is not possible anymore. The reduction in your quality of life based on your activity level is definitely considered. However, it only really applies to activities you used to do and are no longer able to.
You don't have to be in a situation where you can't participate in an activity at all either. You may be at a recovery point where you are not able to do the things you love as often as you once did, or are now worse at those activities due to your injury.
Your Mobility
That reduction in activity level is going to be due to a change in your mobility. You need to document how your mobility has changed because of the injury. It's important to be thorough when describing mobility changes. For example, you may have trouble bending over and picking things off the floor, or holding items over a certain weight. You could have back pain that doesn't allow you to twist your body like you used to. These factors will all be considered.
Your Relationships
You also have to look at how this injury has affected life with your family. It's possible that an injury has caused a lot of stress on a relationship if you need a spouse to become a caretaker. You may not be able to play with your child like you used to. These are ways that an injury can impact more than your physical well-being.
Your Mental Health
Mental health can be a tough topic to talk about, but it's important when discussing a pain and suffering settlement amount. An injury could have caused you to become depressed about your situation or anxious about going back to the situation that caused the injury. For example, if you are in a car accident, you may have anxiety about driving a car again because you fear getting into another accident.
For more info, reach out to a law service, such as the Law Offices of Donald E. Green, P.C.