Do you believe in pain and suffering damages?
When our firm takes a personal injury case to trial in some counties like Stanislaus, San Joaquin or Sacramento, it is so important that our attorneys ask prospective jurors whether they believe in pain and suffering damages. If they don’t, then we must do what we can to protect our clients for that juror will not likely be a fair juror.
In California, if a victim suffers injury due to the fault of another, then he or she is entitled to pain and suffering damages. Pain and suffering damages mean those monetary damages that are reasonable and necessary to compensate an injured person for the physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress suffered as a result of an accident.
Believe it or not, some people don’t believe that injury victims should be awarded these damages. These damages do not result in loss of actual money, such as medical bills and loss of wages, and these damages can’t always be seen unless the injured victim is disfigured. In other words, pain and mental distress can be invisible.
However, we all know that pain and mental distress may not be seen by others but the injuries are real to those who are suffering them.
Yet, time after time, prospective jurors tell trial attorneys that they just don’t believe in awarding such damages. These damages are viewed as a windfall to the injured victim. The victim is somehow getting more than he or she deserves.
Judges will attempt to get a prospective juror to agree to abide by the law and award the damages, but it is extremely risky for an injured victim’s attorney to be left with this juror on the jury. In California 9 out of 12 jurors need to award pain and suffering damages so a prospective juror that doesn’t believe in pain and suffering damages is likely to minimize the damage award even if he or she follows the judge’s instructions.
That is why you need a law firm to fight for you if you are injured through the fault of others. At Curtis Legal Group, we spend time developing good strategies to deal with prospective jurors who don’t believe in pain and suffering damages.