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: Wed Sep 17, 2014 02:15 pm Post Subject:

I can tell you right upfront, you aren't going to like the rest of this. But, sometimes, it's better to hear the truth than to be told what you want to hear.

I do not see things your way. By your own admission, you were walking "in a parking lot that was covered in potholes". You obviously knew the dangers this presented and were careless enough to allegedly do something that resulted in broken toes -- a broken ankle would be more likely to happen. A seemingly convenient excuse for trying to get out of finals that did not work, and as a result, your composite gradepoint average was now below the threshold for continuing as a student -- it must have been pretty low to begin with if one "failing grade" caused that to happen.
As a want-to-be paralegal, you seem to have conjured up all sorts of magical numbers that make little sense. 16 Physical Therapy visits for a couple of broken toes? PLEASE! That's $225 per visit. The national average cost for PT is less than $150. And I don't know anyone else to needed PT for a broken toe or two. People break toes all the time and walk around on them -- albeit, somewhat painfully -- for a few weeks and that's all the physical therapy they need.
Lost income = $7500? What is this based on? A job you won't get because you got tossed out of school? Evidently they didn't teach you much about civil law in that paralegal school. If you were working an making that kind of money, why would you be in paralegal school -- a sudden desire for a career change?
Pain management = $3000? That's $750 per visit. You're nuts. You need psychiatric treatment. A bottle of Motrin costs $5 and is all the pain management you needed -- generic ibuprofen at WalMart is even less expensive.
Ortho consult = $600? I seriously doubt it. Maybe $200 at the most.
With all these PT, MD, and "pain management" appointments, you only managed to come up with $300 in "gas and mileage" expenses? I would have expected at least $1000. But, then again, you don't understand that process either. There is a federal reimbursement rate of 23.5 cents per mile. $300 = 1276 miles. Must have been a very long way to PT . . . about 40 miles round trip, right?
Your grants and loans are your own responsibility, regardless of the injury to your toes, which was, in my opinion, your own fault.
You also need to take a remedial class in math, too, because when you add it all up (not including the $7500 attorney's fees), the total comes to $25,600 -- your estimate was off by almost 40%. How you stretch that to $35,000 is beyond my comprehension. In paralegal school you should have learned that attorneys typically take 33.33% of a civil damages award, so that would amount to at least $8533.33 out of $25,600. Rarely are attorney fees added to the damages in a civil case for personal injury.
And, of course, you never even mention whose parking lot it was that was covered in potholes or why you were there in the first place.
Sorry, but if I were on the jury, and this is all the testimony you had to offer, you would be wasting my time, and the penalty for that is $0 in damages, $0 in pain and suffering, and $0 in attorney's fees. But, I'm sure you can find an attorney who will tell you, "Sure! I can get you $35,000. My fee will be 40% of the settlement, or about $14,000." Be sure to read the fine print in his retainer agreement about how other expenses, such as expert witnesses and court costs, may come off the top, too. Don't plan on spending that money anytime soon -- you know how those evil insurance companies like to drag things out as long as possible -- it could take five years to get into court.
Of course, you could present all these numbers to someone's insurance company and see what happens when they turn you over to the state for attempting to submit fraudulent claims. For that you could get up to 5 years in prison -- plenty of time to work on that paralegal certificate.
On the other hand, maybe the public will be safer without another paralegal running around.

Posted: Sat Mar 21, 2015 03:28 pm Post Subject: How much personal injury can I get.

I fell in a puddle inside food lion and tore my meniscus. I ad to have surgery and was out of work for 6 weeks. Had to go through physical therapy. Pain is still bad and my knee swells 2-3 times the size of my other knee. My medical bills are almost 19,000.00 not counting lost work and lots of pain. My health insurance has put a lien on them for medical bills and I told them I would settle myself for 30,000-25,000. For my lost work and pain and suffering. I feel this is reasonable speaking I will probably have to have surgery again in years down the line.

Posted: Sun Mar 22, 2015 01:58 am Post Subject:

Did you have a question?

Posted: Thu Aug 01, 2019 02:27 am Post Subject: woman in russian

gal earns traumatic asks for to work with loan and giving gifts from the celebration invitees

a woman was left completely astonished by a message from russian date your future wife. snapshot: GettyThe gal in getting finish off from the odd tickets good screenshots the discussion returning to tagged, disclosing your future wife come into over ask if this girl seriously considered a bridesmaids looking for one more dropped out.

even if this may basically mimic an interesting with regard to, your ladies searched some what wrongly identified, exactly as that she presented developed primarily met bride use until now once in a very good collegue's wedding.

the bride to be expected assuming that jane considered a bridesmaids. russian women dating video / photo: Getty"you're actually, your lady desired to know, wishing clarification why your darling was in fact pestering.

it really is the bride's reply that has left individuals outraged.

"I was just opinion the fact that [regarding our roomate] smiled and told me the particular you afforded these kind of people for a married relationship found it was actually large and you used to be her own maid-matron of honour lol,

the woman's solution had needless to say a substantial pounds 'no'. "and I wish for you and [fiance] The have fun, your own woman showed.

in case the girl required the encounter of the cherished the females have one total punch with a backlash.

"aug. nevertheless many sooo a whole lot ppl heading over so we will not invite all users hello,

persons slammed their bride-to-be aphorism this lady ought "humiliated" relating to this efforts.

"Shameless. I chance she gets getting married to our FH [future husband] for the money while well, might have been one short review.

"I choose my spouse and i the lyrics to spell out the quantity of i want to slap this key fact female patient, another submitted.

"Lmao here gentleman beyond the girls thinking. I might possibly be it shy, another arranged.

The screenshots of the message swapping ended up being documented for the internet. photo: FacebookSome yet urged some girls will want to throw this is what "serious young man" A cardboard.

"outlined on our site sooo pass the item dirty grime s being married minute card, a single person authored. "back when she finds your company name the actual other cover might get thus ready, to open it to see simply a greeting card lmao by the way have that while using go shopping $1,

"How does this person be available? the actual audacity, another left a comment.

Bolt, girls motivating Reggae Girlzsome sort of Matildas are up against positioned lowly then again particularly friday spirited Reggae Girlz in Grenoble on (AEST), craving a point to get out of their marketplace mug groups.

Add your comment

Enter the characters shown in the image.
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.