One complicated part of a personal injury lawsuit is pain and suffering damages, which is due to there not being a mathematical formula that helps calculate how much they are actually worth. That's why you'll want to know how your lawyer knows what to ask for when it comes to pain and suffering from dog bites.
Lawyers Have Experience With Compensation Ranges
It's important to remember that a personal injury lawyer is going to have experience with recovering pain and suffering damages, and they know how much insurance companies and juries tend to award for different types of injuries. A lawyer will use this information to estimate how much they feel your injury is worth based on your specific circumstances.
An experienced lawyer will have access to a wide variety of cases that their firm has successfully settled outside of the courtroom. For example, if you are suing due to a dog bite injury, your layer can look at previous dog bite cases that have settled. While settlements between an insurance company and an individual are private, court cases become public record when there is a judgment in court. This information can be used to look at how much juries tend to award for pain and suffering, which can help with guidance about if you should go to trial.
Lawyers Argue On Your Behalf To Determine Severity
Once you have an injury documented and examples of compensation from previous cases, you now have a range of what your injury is potentially worth. Your lawyer will then argue on your behalf to show where your injury falls within that range.
For example, an injury that results in a broken leg may typically award a certain amount of compensation. However, your injury may be more severe, and you are estimated to recover without having 100% of your previous range of motion. You may have had to return to the doctor to get multiple surgeries due to complications, which the typical person does not have any complications. These factors can help push your pain and suffering towards the high end of the compensation range.
Lawyers Use Your Medical History To Show Severity
Be aware that any previous injury can impact how much pain and suffering damages you receive. This is often the case when you already have an injury, but the incident further aggravated the injury and made it worse. The insurance provider may argue that the extent of the injury was only due to the pre-existing condition, and that it is worth less than what you claim. Meanwhile, not having a history of an injury can help you receive more pain and suffering compensation, since you know that the accident is the sole cause of the injury.
For more information, contact a dog bite attorney near you.