How does the court determine what I receive?

If your case is not settled before going to an actual trial, your compensation is normally determined  by a jury after receiving instructions from the judge regarding the type of harms and losses that are recoverable based upon the evidence presented at trial. Usually the court will instruct the jury to consider the amount of medical expenses, any lost wages or future earnings that resulted from the injury, the pain and suffering associated with your injuries, any loss of ability to do normal activities, and emotional upset.  The jury will consider an award for these types of losses, but is not required to award compensation unless it finds that you have probably sustained those losses.