Permanent injuries can include scars, disfigurement and conditions that are not expected to resolve as time goes by. Whether an injury is temporary or permanent in nature is an opinion to be given by a medical professional, which a jury can disregard, if it chooses to do so. Constant pain can be a “permanent” condition if a medical treater of sufficient pedigree gives testimony backing up the diagnosis.

The type of Defendant almost always plays a role in a jury’s determination as to the value of any personal injury case. While a jury is not instructed to consider the type of Defendant in determining the value of compensatory damages, businesses are often quasi-“punished” for failing to act reasonably under the circumstances of any case subconsciously by jurors because they are held to a higher standard of care due to resources and ability to train employees to be safe.

The age of the injured person often affects the overall settlement or verdict value of a personal injury claim, particularly in matters involving permanent injury. Simply put, a minor child has to live with a permanent injury and its accompanying pain/effects for a longer period of time than a middle-aged person with the same injury. Similarly, a senior citizen’s personal injury claim might also be increased by a jury or insurance adjuster due to the “golden years” effect whereby pain substantially hinders or ruins the short amount of time left in life expectancy of that person (thus, the short amount of time is more valuable than that of a middle-aged person).

Oddly enough, studies have shown the type of case has an impact upon a jury’s or adjuster’s estimate of the value of a personal injury claim. Slip and fall cases are notorious for decreasing the value of a case (probably due to a subconscious blaming of the person who fell for causing his or her own injury). Conversely, if a semi-truck causes an injury, there might be an increase in settlement value or a verdict due to the subconscious bias against dangerous machines on the roadways being less than careful. Similarly, bicycle and motorcycle accidents often result in reduced settlements or verdicts due to the subconscious prejudice against the operators of these vehicles being on “our” roadways preventing “normal” drivers from getting where they want to go and delaying our trip. Victims of crime are given increased settlements and verdicts due to the public’s desire to be tough on crime and discourage companies from skimping on security measures.