How to formulate pain and suffering amount?

by Guest » Thu Jan 08, 2009 04:11 pm
Guest

I was involved in accident back in july where car ran red light and hit me as i was passing through my GREEN light. I was injured and set in ambluance till my son arrived then he took me to hosiptal. Had sore chest and side from impact and air bag and seat belt. SO my doctor 3 days later with pain more serve gave me pain pills and stay out of work for week. Went back to work and by the end of that week was in very bad pain from back muscle spasms. Went back to doctor he did xrays gave me more pain pills and muscle relaxers. Have seen him 3 more time and he sent me to physical therapy which i went to 7 times. ( hard to do when you have no car and have to beg for rides!) My car was totaled ($6,456). Was out of work for a total of 6 days ($593). Total of medical bills and physical therapy was $2340.
Was finally released 5 months later so insurance adjuster offered me medical ($1990)lost wages ($472) and pain and suffering of $2014. I told that was not acceptable because to begin with she didnt have my med. bills correct and my lost wages were not correct . I told I would get back to her with the correct information she needed. I sent her a demand letter attaching all the correct information and asked for $18,000 ( I know this is high but just a starting place) for pain and suffering .
Any suggestions on a meet in the middle amount!! Im thinking around $9,000? Thanks for any advise with this.

Total Comments: 74

Posted: Sun Feb 24, 2013 01:10 pm Post Subject:

You are entitled to 100% of your "special" damages -- the ones you can identify specifically by $$. Not your "2-3x" teeth cleaning bills, but the cost of a root canal . . . if directly attributed to the broken tooth . . . would be, as are all other dental expenses directly connected to the original incident.

Not sure why you would need four days off work, but if you can justify that, your lost time would also be 100% compensabie. And I'm not sure why you would "still have difficulty" chewing on that side of your mouth.-- is it because you have needed a root canal for four months and have delayed that for some strange reason? If you are voluntarily not taking a recommended treatment, you normally cannot be paid for that unless there is some larger heatlh issue involved.

What I think you really want to know is what is it worth to have bitten into an "adulterated" food product -- called "general damages" (i.e., pain and suffering). No one here can really answer that question for you. Is it worth $1,000,000? Probably not. $500,000? $100,000? $10,000? $1,000?

The way to determine what is "reasonable" is to separate yourself from your injury and think of yourself as a juror listening to someone else tell the same story in court. You and all the other members of the jury agree that the restaurant is liable for the damages and "pain and suffering". Now you have to come up with an amount that is reasonable. I would think a few thousand dollars is appropriate. $5000 might be reasonable, but $10,000 is probably excessive.

Posted: Sat Apr 27, 2013 08:12 pm Post Subject: Dislocated shoulder

I was taken to the hospital to have my shoulder put back in place. As the doctor was doing this, he was hurting me by pulling my arm and pushing my body. It was hurting me so bad that I ask him to stop for a minute and he did not respond to my request and continue to pull and push my arm and body until when he did get my arm backi in place, my chest and back was very sore. I request for pain and anguish from the hospital so how much would I be entitle to.

Posted: Mon Jun 03, 2013 06:08 pm Post Subject: Need advice to negotiate pain and suffering claim

Hello All,

Seven months back we were rear ended and the car was pushed too hard and eventually hit the vehicle in front of mine. Insurance accepted that the other driver was at fault and all the process started.

My car was fixed ($7500) and treatment wasn't required for my daughter and husband. I had severe back pain and had MRI, X-Ray and pinch nerve tests. Nothing was broken, but was all related to internal bruise.

I am still going for the physical therapy session. I am a home maker, though there is no loss of wage, I wasn't able to take care of my family (2 small kids).

Medical bills is closer to 10K as of now.

All taken into account, how much should I claim for the pain and suffering? As I don't work outside, but at home there is no loss of wages, but what is the reasonable compensation for this.

The reason for getting a justified claim is to cover the future medical expenses as well as the entire mental trauma I underwent due to this.

I value your opinion highly and will take your guidance when I am ready for the negotiations.

Thank you.
Ram

Posted: Mon Jun 03, 2013 08:30 pm Post Subject:

This is not a health insurance question. It has been answered here: http://www.ampminsure.org/start/about20145.html

Posted: Sun Jun 09, 2013 06:01 pm Post Subject: Car accident

Was involved in a car accident where the other driver was at fault. I got a broken left thumb as a result and also a concussion. After surgery and therapy, my thumb won't bend and I experience pain when doing tasks, even when holding a book to read, doing dishes, etc.I still experience dizziness from my concussion. Medical bills so far amounts to $25,000 (not quite done with therapy for my dizziness) Loss of wages amounted to $1500. What do you think my claim is worth? I live in KS.

Posted: Sun Jun 09, 2013 06:19 pm Post Subject:

What do you think my claim is worth?


What you are willing to take and what the insurance company is willing to pay. Other then that, what a jury think it's worth.

Posted: Mon Jun 10, 2013 12:41 pm Post Subject:

Your attorney seems to think it's worth $500,000. Let him try and get that amount for you.

If he does, then you'll have about $350,000 to repay your medical expenses, cover your lost wages, and to compensate you for your "pain and suffering" and provide funding for any future medical expenses or lost wages. Your attorney will have $150,000 to show for it.

Personally, I don't think a jury would award $500,000 for such an injury, and even if one did, a judge would likely reduce the amount significantly. Secondly, the at fault party most likely does not have $500,000 in liability coverage, so any amount over the maximum their insurance would cover would be that person's out-of-pocket expense . . . despite what an attorney might want you to think, the money doesn't just materialize out of thin air.

Posted: Tue Jun 11, 2013 01:38 am Post Subject: Car Accident

In my case, the trucking company is at fault and they have umbrella coverage, so policy limits don't really apply for the amount I'm seeking.

What do you think a fair amount is for pain and suffering?

Thanks.

Posted: Tue Jun 11, 2013 04:24 am Post Subject:

You are posting in two different threads. The answer here remains the same. No one here can tell you what your injury is worth. You also have an attorney -- one who doesn't appear to be too competent -- and should be asking him that question, not him asking you what you want.

I don't know all the details, but I don't believe your injury is worth half a million dollars. If the attorney believes it is, let him argue for it. Just sit back and wait for the check . . . but don't hold your breath.

Posted: Thu Jun 13, 2013 04:44 am Post Subject:

I don't think my case is worth half a million dollars either, but at the same time, I think the high end which he suggested to me is not enough ($100,000.00) All medical bills, lost wages, plus his one third and his other expenses will come out of that. What do you think?

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