How does a jury determine how much money to give for pain and suffering in a personal injury case?
The jury listens to the evidence and the law as explained by the judge and determines what they believe is a fair amount. There is no formula for determining how much money should be awarded for pain and suffering.
The law simply tells the jurors to use their best judgment to determine how much money to give for pain and suffering. The lawyer for the injured person attempts to help the jury understand the nature and extent of the pain and suffering experienced by his or her client, and the lawyer for the defendant (the person sued) attempts to explain the that pain and suffering was either not real, was not as serious as person said it was, or that the injury is not permanent.