An accident’s effects on the life and lifestyle of any victims can disrupt the existing or developing patterns in the victims’ lives.
Signs that the victim has suffered mental consequences
• Loss of appetite
• Loss of sleep
• Lack of energy
• Mood changes in unpredictable fashion
• Stress: It could rise to the level of PTSD
How do jurors judge the effects of pain and suffering?
Consider what their own background has taught them
Consider own experiences
Ponder answers to these questions:
—Was the plaintiff a good witness?
—Were the plaintiff’s statements believable?
—Did the plaintiff demonstrate consistency in his/her statements?
How do insurance companies measure pain and suffering?
In the past, they relied on a formula. The adjuster would add up the totals from all of the medical bills, and multiply that by a figure called the multiplier. That figure normally ranged from 1.5 to 5, but could be 6,7,8 or 9. The size of the multiplier would indicate the severity of the reported injuries. As per personal injury lawyer in Belleville, after obtaining the product from that multiplication operation, the adjuster would then add the value for the victim’s lost income.
Today, some insurance companies use software, instead of performing the calculations, as was done in the past. Those programs can change the result according to the type of medical care received by the patient. Those injured victims that have used chiropractic treatments then receive a lower ranking, for measurement of pain and suffering.
The role of the medical report, during an analysis of pain and consequences
A smart victim would make sure that the treating physician had been told about any times when the accident’s consequences had resulted in a loss of appetite, sleep disturbances, a lack of energy, feelings of anxiety, anger or stress, or unexpected and unexplainable mood changes.
The treating physician could be asked to comment on the likelihood for problems in the future, such as complications related to a surgical treatment or to an administered medication. A doctor’s reference to the likelihood for such complications could be used to magnify the nature of the reported pain and suffering.
Consider the possible effect of any complications. Perhaps those might cause physical pain. Even if there was no pain, development of the complication could force an employee to take time off. If that displeased the boss, the same employee might get fired.
Obviously, a doctor could not claim to know about the likelihood for a firing. But a jury should appreciate the level of uncertainty that would exist in the life of someone that had to deal with the chances for the emergence of possible complications, and their markedly disruptive influences.