How is pain and suffering calculated in a personal injury claim?
Pain and suffering is a concept often brought up in personal injury cases. Depending on the circumstances surrounding the accident, an injured person may be eligible to receive compensation for their physical and emotional pain and suffering. In Arizona, a personal injury claimant must prove that the defendant’s actions caused a physical or emotional injury. The civil court must also determine the extent of the injury caused, and the amount of money that should be paid in compensation to the injured person. In Arizona, pain and suffering is typically calculated based on an evaluation of the medical evidence. The jury in a civil trial often reviews the medical reports filed by physicians and health care providers that are connected to the injury. From there, they can use the medical evidence to decide how severe the injury was, and how it impacted the injured person’s life. Additionally, the jury will review the injured person’s testimony, and any other evidence regarding the accident, to estimate the amount of pain and suffering caused by the injury. Another factor that courts consider when calculating pain and suffering is whether the injury caused a permanent disability or long-term suffering. If the injured person proves this to be true, they may be eligible for a larger compensation amount than if the injury was considered temporary in nature. Furthermore, the courts consider the age, occupation, and lifestyle of the injured person when making a decision. Ultimately, the court needs to determine whether the injured person deserves to be compensated for their pain and suffering in light of the facts of the accident and the legal standards in Arizona. In most cases, the amount of compensation that is awarded can be negotiated between the injured person and the defendant or their insurance company.
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