Monday, June 25, 2012

3 Factors That Help rule a Pain and Suffering Award

State Farm Claims - 3 Factors That Help rule a Pain and Suffering Award
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If you've been in an emergency or you are complex with a lawsuit where you are trying to get a pain and suffering award as a part of the payment that you're suing for you might not have an easy time getting what you feel you deserve for your pain and suffering. Often the amount of a pain and suffering award is a estimation that each judge makes individually based on the weight of the evidence and also on some other factors. Here are 3 of the most base factors that sway how much pain and suffering money a judge gives a claimant:

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1. Need level - A jury or a judge that is determining how much pain and suffering payment to give to man will all the time look at that person's need level. If the man who wants the payment is independently wealthy and doesn't need a lot of money that man probably won't get as much of an award as man that works a minimum wage job and will be out of work for months as a supervene of the accident. How much money you need and how much your life was affected by the emergency play a large role in determining the amount of pain and suffering payment you receive.

2. Credibility - whether or not you get a large pain and suffering award will also depend on whether or not the judge or jury believe you when you say you are injured. They will look at your testimony, your medical records, your demeanor in the courtroom and they will look at how you behave on a daily basis. For example if you claim that you have back injury but you're out playing golf everyday you might not get a very large pain and suffering award. But if you say you have a back injury and you spend every day in bed because it's too painful to get up you will probably get a much larger award.

3. Age - Age without fail matters when it comes to determining a pain and suffering amount but it might work for you or against you depending on the judge or jury that you get. If you are young and don't have a lot of money saved the judge or jury might think that you have fullness of time to go out and earn more money so you won't get a large pain and suffering award. Or, the judge or jury could rule that since you are young and your earning inherent has been compromised you're entitled to a large pain and suffering award.

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