What frightened Sully about this new, more intense pain in his knee was its relentlessness. As a boy, he had not realized what his father must have known, that pain could have a cumulative effect. Your ability to withstand it had much to do with your ability to catch your breath between its assaults. The pain in Sully’s knee had not truly worried him as long as bad days alternated with good ones. But now he was beginning to suspect that the periods of respite, the troughs in the wave that had so far allowed him to prepare for the peaks, were beginning to disappear. Anymore, it was rare for him to sleep more than four hours a night, and even these hours were tinged with dream pain. Even the self of his dreams was hobbled now, and when he awoke it was with the sensation that he hadn’t really been asleep.
Richard Russo “Nobody’s Fool” © 1993 p. 135
The injured party in a personal injury claim is entitled to monetary compensation for what is known as pain and suffering. There is no precise definition for pain and suffering but I believe the passage quoted above underscores devastating long-term consequences of pain. If your case goes to trial, a jury will typically be asked to consider an award of past pain and suffering and future pain and suffering. In most states, including Minnesota, that jury is typically instructed something like this:
Items of past or future damages for bodily and mental harm:
Any pain, disability, disfigurement, embarrassment, or emotional distress that the plaintiff has experienced up to the time of your verdict or will experience in the future.
It is difficult to put an exact value on these items that are not necessarily decided on a daily or hourly basis. You should consider:
- The type, extent, and severity of the injuries;
- How painful the injuries were;
- The treatment and pain involved in that treatment;
- The length of time the injury or harm lasted;
- Any other factors you think are relevant.
When we try to settle your case out of court, we ask the insurance company to consider the circumstances of your case. This includes the amount of pain and suffering that you have had to endure in the past and that you will have to endure in the future. The insurance company will assess the value of that claim based on what they believe a jury would award for that category.
My experience as a seasoned trial lawyer confirms that it is always a challenge to convince a jury to make a large award for pain and suffering. It is human nature to be somewhat skeptical of any claim that cannot be proven with absolute certainty. For many people, pain and suffering remains an indefinable concept. Many jurors are uncomfortable awarding money damages for pain and suffering where they don’t believe that money will make a difference. In contrast, in a case with large medical bills expected in the future, juries typically see the claim as more tangible and concrete. Therefore, the best and highest verdicts tend to come in cases where there is a large claim for wage loss or medical expenses.
When I represent you, it is my job to get you the best award possible for pain and suffering. It is my job to explain that money damages should be awarded for pain and suffering because it is what is fair. I will explain to the jury that nothing can bring back your good health – money is the only tool we have to compensate you.
With your help, I will build the most effective claim for pain and suffering possible. I will tell the insurance company the unique circumstances of your case and I will weave a complete and detailed discussion of your personal experience and the full depth of your pain. If I cannot persuade the insurance company to offer a fair settlement, then I will move forward with a lawsuit and convince a jury to give you the monetary award you deserve.
