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CALCULATING PAIN & SUFFERING
 The
law provides for two forms of damages in most
bicycle injury cases – Economic
and Non- Economic damages.
These damages equal justice.
Economic Damages are hard losses
like medical bills, and lost wages; whereas
Non Economic damages are for
pain, suffering, fear, anxiety, distress,
discomfort and change of lifestyle.
A good way to test damages is
to informally present an “anchor” valve to a
focus group or mock trial of 12 ordinary
persons coordinated by your attorney. Then, let
them tell you the case range values.
A few
factors most jurors consider in evaluating an
award of damages are the following:
Credibility – If the jury finds
you credible they will give you a fair damage
verdict. If not, even if
you’re right, they will
find against you.
So, always tell the truth
– even little inconsistencies in the medical
records or deposition can hurt you.
Likeability – This usually
involves personality, appearance, demeanor,
attitude and your motivation to get better.
If you’re liked, your case
is worth more.
Joy – Here you can
express your passion
for cycling. True passion
is sensed by jurors – it’s like true
love. So, instead of explaining how much you
hurt, talk about your passion, as jurors feel
more comfortable hearing these examples rather
than complaints or pain.
Lifestyle – You can explain
this with graphs of your “before and after”
crash workout history.
Cooberation – This is where you
have friends testify how you and your
lifestyle changed.
Jurors add a lot of weight to the testimony of
neutral “character”
witnesses – especially because they are a
reflection of who you are and it helps jurors
judge your damages.
In Conclusion:
The insurance industry has taken a financial
beating in the stock market, post 9/11, and due
to the pre-war economic climate.
So, the insurance industry is denying and low
balling valid injury claims
– in hopes of saving money. Remember this when
you sit on a jury and the defense attorney tries
to devalue an injury victim’s claim. So, protect
your injury case by reviewing my web site
articles, as well as documenting your damages to
maximize the full and fair value of your case.
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