Ask a Lawyer - Archive

How do Insurance companies come up with a pain and suffering figure?

In Texas, in a case that goes to trial before a jury, the jury is given wide discretion to award for pain and suffering. It is pretty much up to the jury how much to award. That said, a jury may award anywhere from nothing for pain and suffering, to an amount equal to or perhaps twice the amount of other medical damages for which they have seen evidence. Adjusters may use this to estimate what they think a jury might do, and make an offer of settlement accordingly. However, they are really just guessing, as one never knows what the jury will do until they emerge from deliberations.