Pain and Suffering
What is pain in suffering? That question is easy, as it the explanation is in the title, it is the amount of pain and suffering you have experienced as a result of a personal injury sustained as a result of the Defendant’s wrongful conduct. You are entitled to receive compensatory damages for your pain and suffering, as it is part of making you whole for you injury.
How much is pain and suffering worth? That is a lot harder of a question to answer. The reason is because everyone evaluates pain differently. How much does it cost to make someone whole for having to live the rest of their life in a wheelchair? I would argue that no matter how many zeros you put on a check, that does not make a permanently disabled person whole.
So what is the solution? Well, our system is set up to only make a person whole through money, so you have to be able to articulate how much you need and why. You need to be able to articulate to the judge and jury the amount of suffering you experience on a daily level, monthly level, yearly level, and annual level.
If you can provide a well-articulated argument to the jury of how you are suffering everyday, and make them wonder what would make them feel whole if they had to live your life, then you are well on your way to making the jury wonder, “Can this person even be made whole through money?”