In today’s podcast, Richard L. Duquette discusses Calculating Pain and Suffering from injuries sustained in a bicycling injury case.
Economic Damages
When you are involved in a bicycling accident due to someone else's negligence, your damages go beyond the hospital stay and missed days at work.
Economic damages are hard loses. Medical bills, lost wages and future bills and loss of income.
Non-Economic Damages
These include pain, suffering, fear, anxiety, stress, discomfort and change of lifestyle.
Setting Value
There is no set formula. If you or your lawyer think your case is worth “x” present this to a focus group or ordinary persons and let them give you a range of value.
You can also search for similar cases on line and see what they brought back in terms of a jury verdict.
How a Jury Calculates
The most important aspect in Richard’s opinion is credibility. If the jury finds you credible, you are not exaggerating and telling the truth, they will give you a fair verdict. If not, even if you were rear-ended in some cases, they will find against you. It’s very important to tell the truth and not have any inconsistencies.
To hear more about what Calculating Pain and Suffering, download and listen to the entire episode.
If you are short on time, here are the highlights of Calculating Pain and Suffering:
The ripple effects (1:39)
Testing damages establishes value of case (2:20)
How insurance companies attack your credibility(4:35)
When your passion is sensed by the jury (8:00)
Lifestyle changes (9:05)
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