Home > Research Legal Advice > Personal Injury > Is there a formula for asking for pain and suffering over and above medi...
Asked 4 months ago - Garden City, MO
FlagA mini bus ran into the rear end of my car. Just suffered bruises and strains went ER next day. Cost $8,623 and I'm still going to Chiropracter. My car has back end damage, two blown out tires. I'm getting $1420 and keeping my car, but not enough $ to repair.
There is no formula. It depends on your actual pain and suffering. You can have a large bill and minimal suffering. You can have minimal treatment and a bad medical condition that is life changing. What I am saying is the facts determine your damages not a formula. A good attorney is the other piece of the puzzle. How your case is presented is very important as is the reputation of your attorney. I was rear ended by a concrete truck in 2002 and used attorney John Page www.pagelaw.com and he did an amazing job. Good luck.
There's never a magic formula for a good settlement. Damages fall into different categories, and each of them can sometimes be measured in more than one way, depending on the circumstances. As a general rule, insurance adjusters will, however, give you the run around and try to talk you into taking the lowest possible settlement. You should consult with an attorney as soon as possible. In most good personal injury practices, mine included, the initial consultation is free. After looking over the evidence in your case, an attorney can help you get some idea of what your case might be worth. Once you know all your options, you can decide how you want to proceed. In the meantime, get all the professional medical care you need, and don't turn anything else over to the insurance company or make any more statements until you have at least had your initial consultation with an attorney.
No there is no formula.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Pain and suffering are intangibles meaning that there is no exact way to determine the "value" of a particular injury. There are many variable involved to determine what is fair or reasonable value for your pain and suffering, assuming that your entitled to such compensation under the law. An experienced lawyer will be able to help you maximize this value.
I'm truly sorry you have to go through this ordeal. Unfortunately, there's no simple formula for determining how much the case will be worth in the end. As other attorneys have stated, your actual pain and suffering, insurance limits, total medical bills, expected recovery, etc. are all variables that are part of the equation. If you go at it alone the insurance company will do their best to settle for the least amount they can talk you into accepting. That's what their adjusters are trained to do!
An experienced attorney will aggressively push for the maximum recovery and can work with your medical providers to reduce your outstanding medical bills and leave you with a better net recovery. Many law firms, including mine, will come to you, offer a free consultation, and there's no charge unless there is a recovery. Please feel free to contact me for more information.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
