How Do You Calculate Pain and Suffering?

Personal Injury & Car Accident Attorneys Serving Fort Myers, Cape Coral, Naples & Nearby Southwest Florida

VIDEO TRANSCRIPT: The calculation of pain and suffering is wholly within the province of the jury. When you go through a trial, at the end of the case, the judge will instruct the jury on the law and he will tell them that based upon all the evidence they’ve seen an award of pain and suffering must be fair and just based upon that evidence. Now there’s two types of pain and suffering: there’s past pain and suffering which is compensation for your injuries from the date of the accident through the date of trial. That’s easier to measure because you can talk about what you’ve been through and you can tell the jury and the jury will hear you and award compensation based on that. The more difficult component is future pain and suffering. That’s an award that has not yet taken place; it’s to compensate you for suffering that you will undergo in the future. Again, it’s solely within the province of the jury based upon the evidence they hear but they can also award you compensation for future pain and suffering.