How do you calculate pain and suffering settlements

my wife was injured in a car accident when a young lady ran a red light. She was out of work for 9 1/2 months. She has been getting treatment regularly for a pain clinic since the accident.

Reno, NV -

Attorney Answers (1)

Andrew Daniel Myers

Andrew Daniel Myers

Personal Injury Lawyer - North Andover, MA
Answered

The way claims like this used to be evaluated would be to take the special damages and multiply them by a factor of 3 to 5. That that would be the settlement range. Special damages are generally defined as the "hard" bills, like medical bills and lost wages.

However, that is not really accurate currently based on a number of factors. One is the very high cost of diagnostic tests such as CAT scans and MRI tests. Also, chiropractic and physical therapy bills can run into big numbers.

So, the question then turns to the medical bills that are reasonable, necessary and related to the injury.

Factors that must be included in any evaluation can get rather detailed.

Remember that the economy is not the best right now. Go to the local mall and look at the people that are walking around there. Those are the people who would be on your wife's jury.

Then, look at her lost wages and her medical bills. Think about what is reasonable and necessary. Multipy it by three and if an offer is anywhere near that, take it and run.

This answer is provided for informational purposes only. True legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction and with experience in the area of law in which your concern lies.

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