How much is pain and suffering worth?

Asked over 1 year ago - Marissa, IL

On Feb. 23, I was injured in an non-vehicular accident that was not my fault at a sporting event. I sustained a strained back and bruised and dislocated tailbone. After 7 1.5-hour physical therapy sessions, the back is now fine. However, my tailbone injury makes it painful to sit without use of inflatable pillows or chair pads. My profession is a desk job, so I sit all day. Driving is also painful.

My medical bills have been in the $4k range thus far. Assuming there are no more significant medical costs, what is a fair amount to ask for compensation?

Additional information

Please keep in mind that I realize I'm being very vague, but I'm not even sure what ballpark is considered fair. I don't want to be someone who is "looking to cash in" on my accident, but I do deserve something that's FAIR.

Attorney answers (9)

  1. Haytham Faraj

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . That's a complicated question that requires you to answer some questions first. What is the value that you place on on the theft of your lost comfort when you sit down. What is the value of the embarrassment you feel when you have to get up when you're sitting with friends or in a business meeting because your tail bone hurts? What is the value of the lost time expended on therapy appointments and lost productivity that resulted from the injury. Put a number on that, then consider it from a perspective of a reasonable juror. Reduce it further by factoring in the perspective of a juror brain washed by the messages about the need for tort reform and frivolous law suits and you will arrive at a settlement amount.

    This is not legal advice. This is merely a recommendation on how to get what you need from the Court.
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . A plethora of factors go into determining pain and suffering. Retain a personal injury lawyer in Marissa to evaluate.

  3. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . The question is possible to answer only if you know what the market will pay--insurer or jury.

    Every case is unique. This is why lawyers are valuable--we know how to argue and present the amorphous damages.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  4. Michael R Crosner

    Contributor Level 20

    4

    Lawyers agree

    Answered . A good personal injury attorney would need to review the facts of the incident; the medical records & charges; the chances of future medical care & possible wage loss; if there is a possibility of a permanent injury etc. All of these factors are necessary for a true evaluation of your claim. Contact an IL personal injury attorney ASAP. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  5. Burton A. Padove

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Your submission is too vague for a definitive answer. You really need to consult with a victim's attorney so that a more comprehensive discussion of the facts can take place. Good luck.

    Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does... more
  6. Henry Repay

    Contributor Level 16

    1

    Lawyer agrees

    Answered . There are a number of factors attorneys use to evaluate fair settlement value and it would be difficult within the scope of a site like this to give you an accurate answer. I have very little doubt that, whatever that amount is, you will only receive a fraction of it in representing yourself. Did the accident happen in your home area or elsewhere?

    The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended... more
  7. Stacy E Pepper

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . There is no exact answer to your question.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more
  8. Andrew Daniel Myers

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Full fair valuation of a personal injury case requires thorough analysis of many factors including but beyond those you've listed. Crucial to the analysis is how the injuries affected the injured person and may well continue to have residual effects. Click the link below for my "injury calculator":

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  9. Joseph Gerard Dell

    Pro

    Contributor Level 10

    Answered . It depends on how the accident happened. If you were a participant in the sporting event you may have assumed the risk of certain injuries. If you were a spectator and were injured then a fair settlement for pain and suffering will be assessed by a lawyer in your state who is familiar with the value of such a case. Hopefully he or she will search past verdicts in your state for similar injuries and show you what the average value is. Here in New York it may be in the range of $15,000 to $35,000.

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