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Is there a formula for asking for pain and suffering over and above medicl expenses? And auto repair expenses?

Garden City, MO |

A 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.

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Attorney answers 7


No magic formula; but proceeding without at least speaking with an attorney(s) is usually a recipe for disaster. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Joseph Abrams Specter

Joseph Abrams Specter


There is no hard and fast formula for pain and suffering. The best course of action would be for you to contact an experienced attorney. Insurance companies can be tough to deal with and they often will attempt to give you less than what you deserve if you do not have an attorney. An experienced attorney will be able to take all of the pressure off of you and navigate your claim to get you what you deserve. Good luck to you.


There is not a magic forumla. It is largely determined by the nature of your injuries, the insurance coverage available, and your relationship with the insurance adjuster. You should definately consult an attorney to ensure you get the best result.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


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 and he did an amazing job. Good luck.


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 dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

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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.

This ans. does not create an attorney/client relationship.


you really need to contact a local injury attorney who contributes to this site. they can help you. dont go it alone


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.

Please be advised that there is no attorney-client relationship between us. No attorney-client relationship exists between us until an engagement agreement has been fully executed by both of us. There may be statute of limitations issues and other factors that may impact your legal rights and remedies. The information provided is for educational purposes only and is otherwise not to be relied upon for any purpose.


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.

This answer is being provided for information purposes only and is not intended to be, nor should it be interpreted as, legal advice. An attorney-client relationship has not been created. Attorney is not obligated to pursure, or responsible for, your claim unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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