Personal Factors That Determine That Value Of Your Pain And Suffering Claim

Some injuries are more painful than others, but it is not easy to measure (objectively) the degree of every pain you feel when injured – science isn't just there yet. Therefore, the judge, jury and insurance company will use other factors to determine how much pain you are feeling. Some of these factors include:

Consistency and Credibility

It's easy to for people to believe that you are in pain if you are consistent. This will be the case, for example if the story you are telling in court is the same one you told to the police, adjuster, doctor, chiropractor and your attorney. Change your story, and everybody is likely to believe that you are pulling their legs.

Consider an example where you file an official police report detailing how you slipped and injured your wrist. You then contact the insurance company with a chiropractor report detailing your upper arm's treatment. Such inconsistency damages your credibility and signals that you aren't really in pain.


So you are the strong, silent type? Well and good, it might serve you well in some areas of life, but it will do you more harm than good when you are testifying in an injury case. You may not want to tell your colleagues how much you are in pain, but the court needs to hear exactly that. Be open, if you are so much in pain that you can't even have sexual relations with your partner, tell the court about it. How else will you get compensation for your loss of consortium?


You may not like it, but it is true that the jury is more likely to award you substantial money if they like you. Remember that the jury will not be told how much money they should award. In fact, they will not even be told about the limits. If you sit there with a dour face, snapping at lawyers who ask you questions and behaving as if the whole world is against you, then you may not get much. Instead, you should come across as somebody who is trying to make the best out of a bad situation.

You may be all these, but it won't do you any good in court if you don't look the part. The good news is that even if you aren't naturally inclined to look credible, likable and open, your personal injury attorney is there to help you. All you have to do is to follow his or her advice on how to behave in court and you will come out alright.