If you are seeking compensation for your pain and suffering after a car accident, the settlement payout will typically be determined by the insurance company of the responsible party. After you file a claim, the insurance company will review the information you provide and make a determination about how much they believe you are entitled to. If you are able to reach a settlement with the insurance company, the amount of the settlement will be based on this determination.
If you are unable to reach a settlement with the insurance company, the amount of your pain and suffering compensation may be determined by a jury if you decide to file a personal injury lawsuit. In this case, the jury will consider the evidence presented and determine an appropriate amount of compensation based on the severity of your injuries and the impact on your daily life. The amount of the payout will be based on their decision.