We’re often asked: “How do I calculate pain and suffering?”
Injured persons in Connecticut are able to recover for pain and suffering. These damages are in addition to “economic damages” things like medical bills and lost wages.
The answer is perhaps unsatisfactory to folks who like certainty. There is no formula to enable a jury to arrive at an award for pain and suffering damages. Our Supreme Court in Jerz v. Humphrey, 160 Conn. 219 (1971) held that the determination of damages rests within the discretion of the trier of fact. A trier of fact is a jury in a jury trial or a judge in a bench trial.
Appellate courts routinely uphold generous awards of pain and suffering damages. Jury verdicts on pain and suffering are only overturned for things like corruption, prejudice or partiality.
It makes sense. The role of the jury is very important. Every case is different. It is they jury who must balance the scales of justice and vote on a verdict that reflects the harms and losses of someone who has suffered a wrongful injury.
We carefully evaluate every case we take through confidential methods to arrive at an amount of money for pain and suffering that is just and reasonable.
The jury is the conscience of the community.
The founding fathers got this right.
We ultimately calculate damages for pain and suffering by asking the community.
Contact us for a free evaluation of your injury case: