Factors That Juries Use to Determine a Personal Injury Award

How much is your Personal Injury claim worth?

The potential for large awards in personal injury cases means plaintiffs have a chance to receive compensation that pays for their medical care, wage loss, and pain and suffering. However, actual awards aren’t always so big, and that can be a shock to someone who thought they had an airtight case. Awards are determined by looking at specific factors, and juries don’t arrive at these amounts lightly.

The Evidence Has to Be Clear

It’s one thing to present a jury with hospital bills, medical records, and wage loss when asking for an award; in those cases, the jury has hard numbers to go by. However, when you throw emotional harm, pain and suffering, loss of enjoyment of life, and other intangible amounts into the mix, the jury has to make judgment calls about how much money you’re entitled to. If the evidence isn’t that clear, then you may end up with a smaller award than you’d hoped to get.

Was the Jury Swayed by Emotion?

Sometimes an emotional appeal is best, and if the appeal convinces the jury that you deserve more money, then that will increase your award. But if your case isn’t that sympathetic, you may find that your award shrinks.

Restrictive Instructions

Judges instruct juries before deliberations, and the instructions may restrict what the jury can consider.

Jury Judgment Issues

Sometimes juries get it so wrong that the judge takes matters into his or her own hands and changes the award. The best way to ensure a fair award is to get as much evidence as possible to support your case.

Personal injury cases need excellent representation by an attorney who will seek out even the slightest bits of evidence to put together a great case. If you think you have a personal injury case, contact Eisenberg Law Offices at (608) 256-8356.