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Calculating pain and suffering and understanding how this calculation influences the settlement amount is directly influenced by the facts of the case. Below you will find a sample of directions given to juries in Wisconsin and more information about how pain and suffering is calculated.
Experiencing a car accident can be a traumatic event, one that often leaves physical and emotional scars. What might be puzzling to many individuals is the process by which legal professionals calculate pain and suffering after such an accident. But it’s difficult to know what to do after a car accident.
Let's dive deep into this critical subject, shedding light on the methods utilized in Wisconsin and the nuances that differentiate it from other states.
Pain and suffering” generally means the physical pain and emotional distress experienced by victims of car accidents. It encompasses not only the immediate physical and emotional pain felt post-accident but also the inevitable mental anguish that accompanies traumatic events.
There is no specific way to “calculate” pain and suffering. There is no formula. The best calculation of pain and suffering involves a complex process of analyzing a number of factors. Each case varies significantly based on an in-depth analysis of the case, including recent Wisconsin jury verdicts on these types of damages, considering both past pain and suffering and future and pain and suffering.
This is a general sample of the questions that are given to juries in Wisconsin to help them analyze how much to compensate a victim for pain and suffering after an accident.
“(Question _____) (Subdivision _____ of question _____) asks what sum of money will fairly and reasonably compensate (plaintiff) for any pain, suffering, (and) disability, (and disfigurement) (he) (she) sustained as a result of the accident.
Your answer to this question should be the amount of money that will fairly and reasonably compensate (plaintiff) for the pain, suffering, (and) disability, (and disfigurement) (he) (she) has suffered to date and is reasonably certain to suffer in the future as a result of the accident.
Pain, suffering, (and) disability, (and disfigurement) includes any physical pain, worry, distress, embarrassment, and humiliation which (plaintiff) has suffered in the past and is reasonably certain to suffer in the future.
You should also consider to what extent (his) (her) injuries have impaired and will impair (his) (her) ability to enjoy the normal activities, pleasures, and benefits of life. Finally, consider the nature of (plaintiff)'s injuries, the effect produced by (plaintiff)'s injuries in the past, and the effect the injuries are reasonably certain to produce in the future bearing in mind (plaintiff)'s age, prior mental and physical condition, and the probable duration of (his) (her) life.”
You can reach more about this specific set of instructions for pain and suffering calculations given to juries here.
Several key elements come into play when negotiating a fair settlement or verdict with regard to pain and suffering. These include the severity and permanence of the injuries, their impact on daily life, and the emotional distress experienced.
Other factors include the type of medical treatment received and the duration of recovery that would impact the amount of pain suffered. Also, evidence like photographs, the strength of treating and expert medical opinions and reports, vocational impact, and witness testimony all play an important role in strengthening your case. Specifically with regard to pain and suffering, the Wisconsin Jury Instructions summarize the important legal factors very well.
As indicated in our example above, “Pain, suffering, (and) disability, (and disfigurement) includes any physical pain, worry, distress, embarrassment, and humiliation which the plaintiff has suffered in the past and is reasonably certain to suffer in the future. You should also consider to what extent the plaintiff’s injuries have impaired and will impair the plaintiff’s ability to enjoy the normal activities, pleasures, and benefits of life.
Finally, consider the nature of Ms. Smith’s injuries, the effect produced by Ms. Smith’s injuries in the past, and the effect the injuries are reasonably certain to produce in the future bearing in mind the plaintiff’s age, prior mental and physical condition, and the probable duration of the plaintiff’s life.”
Though these methods provide an initial calculation, remember that Wisconsin's legal system allows for negotiation and adjustment based on the specifics of your case. An experienced car accident lawyer at Gruber Law Offices will guide you through this often complex and nuanced process.
Analysis regarding pain and suffering requires a talented and powerful legal team that knows what it takes to get results! Contact us today- do not wait! It’s important to determine your legal rights as soon as possible after a crash. Call Gruber Law Offices today! One Call…That’s All! Whether you're dealing with a car, truck, or motorcycle accident, you'll find proven and compassionate guidance with Gruber Law Offices.
Ultimately, it is almost always worth hiring a car accident lawyer to handle your personal injury case. Even passengers in car accidents should hire an attorney if they were injured in the accident to help analyze their situation.
A car accident can change your life in the blink of an eye, leaving you to cope with the aftermath. Calculating pain and suffering involves a complex process, and understanding it may feel overwhelming.
But with the right legal support and advice from experts in Wisconsin laws, you can navigate the legal maze with confidence and secure a fair settlement for your pain and suffering. Remember, you don't have to face this ordeal alone - reach out to Gruber Law Offices today to discuss your options and start your journey toward compensation and healing.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice specific to your situation.
Attorney Steven Gruber was born and raised in Milwaukee, Wisconsin. His family has deep roots in the Wisconsin legal community, as his father, David, founded Gruber Law Offices almost 40 years ago and his mother, Nancy, is a managing attorney with the firm. Steven is an award-winning attorney who focuses on serious injury cases and firm strategy and operations. Some of Steven’s awards and memberships include National Trial Lawyers Top 100 Trial Lawyers, Top 10 Attorney in Wisconsin by the National Academy of Personal Injury Attorneys, The National Trial Lawyers Top 40 Under 40, and the Million Dollar Advocates Forum, just to name a few. He has successfully handled cases regarding serious matters that have been publicized by the Today Show, Good Morning America, ABC, Fox and many other media outlets. At Gruber Law Offices, Steven also manages and leads a powerful team of 130 talented professionals. He is proud to continue the family legacy of positively impacting our community.
