How to formulate pain and suffering amount?

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PostPosted: Sun Jan 20, 2013 6:46 pm   Post subject: PErsonal injury  

I was hit by a drunk driver, my daughter was in the vehicle which was totaled. I am undegoing injections in my spine, and will need surgery. I expect to be awarded about 300K. Twisted Evil


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JerryT
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PostPosted: Mon Jan 21, 2013 10:21 am   Post subject:   

And your point is . . . ?



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PostPosted: Sun Feb 24, 2013 12:43 pm   Post subject: cracked tooth  

I went to a restaurant and ordered pot roast. As I was chewing, I bit down on a very hard piece of metal. It cracked my tooth and gums and tounge were cut up. I turned it in to the manager, they had to send it off to their lab. It was discovered that it was cooked in the food. I have perfect teeth, never had any cavity in my life, now I have to get a root canal. That occurred 4mos ago. I still have difficulty when chewing on that side of my mouth. I go to the dentist 2-3xs per year to have my teeth cleaned. Have to have a root canal, missed 4days of work. What is a reasonable amount to ask the Insurance company for?


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PostPosted: Sun Feb 24, 2013 1:10 pm   Post subject:   

You are entitled to 100% of your "special" damages -- the ones you can identify specifically by $$. Not your "2-3x" teeth cleaning bills, but the cost of a root canal . . . if directly attributed to the broken tooth . . . would be, as are all other dental expenses directly connected to the original incident.



Not sure why you would need four days off work, but if you can justify that, your lost time would also be 100% compensabie. And I'm not sure why you would "still have difficulty" chewing on that side of your mouth.-- is it because you have needed a root canal for four months and have delayed that for some strange reason? If you are voluntarily not taking a recommended treatment, you normally cannot be paid for that unless there is some larger heatlh issue involved.



What I think you really want to know is what is it worth to have bitten into an "adulterated" food product -- called "general damages" (i.e., pain and suffering). No one here can really answer that question for you. Is it worth $1,000,000? Probably not. $500,000? $100,000? $10,000? $1,000?



The way to determine what is "reasonable" is to separate yourself from your injury and think of yourself as a juror listening to someone else tell the same story in court. You and all the other members of the jury agree that the restaurant is liable for the damages and "pain and suffering". Now you have to come up with an amount that is reasonable. I would think a few thousand dollars is appropriate. $5000 might be reasonable, but $10,000 is probably excessive.



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PostPosted: Sat Apr 27, 2013 8:12 pm   Post subject: Dislocated shoulder  

I was taken to the hospital to have my shoulder put back in place. As the doctor was doing this, he was hurting me by pulling my arm and pushing my body. It was hurting me so bad that I ask him to stop for a minute and he did not respond to my request and continue to pull and push my arm and body until when he did get my arm backi in place, my chest and back was very sore. I request for pain and anguish from the hospital so how much would I be entitle to.


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PostPosted: Mon Jun 03, 2013 6:08 pm   Post subject: Need advice to negotiate pain and suffering claim  

Hello All,



Seven months back we were rear ended and the car was pushed too hard and eventually hit the vehicle in front of mine. Insurance accepted that the other driver was at fault and all the process started.



My car was fixed ($7500) and treatment wasn't required for my daughter and husband. I had severe back pain and had MRI, X-Ray and pinch nerve tests. Nothing was broken, but was all related to internal bruise.



I am still going for the physical therapy session. I am a home maker, though there is no loss of wage, I wasn't able to take care of my family (2 small kids).



Medical bills is closer to 10K as of now.



All taken into account, how much should I claim for the pain and suffering? As I don't work outside, but at home there is no loss of wages, but what is the reasonable compensation for this.



The reason for getting a justified claim is to cover the future medical expenses as well as the entire mental trauma I underwent due to this.



I value your opinion highly and will take your guidance when I am ready for the negotiations.



Thank you.

Ram


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Sufferer
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PostPosted: Mon Jun 03, 2013 8:30 pm   Post subject:   

This is not a health insurance question. It has been answered here: http://www.ampminsure.org/start/about20145.html



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PostPosted: Sun Jun 09, 2013 6:01 pm   Post subject: Car accident  

Was involved in a car accident where the other driver was at fault. I got a broken left thumb as a result and also a concussion. After surgery and therapy, my thumb won't bend and I experience pain when doing tasks, even when holding a book to read, doing dishes, etc.I still experience dizziness from my concussion. Medical bills so far amounts to $25,000 (not quite done with therapy for my dizziness) Loss of wages amounted to $1500. What do you think my claim is worth? I live in KS.


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PostPosted: Sun Jun 09, 2013 6:19 pm   Post subject:   

Quote:
What do you think my claim is worth?


What you are willing to take and what the insurance company is willing to pay. Other then that, what a jury think it's worth.


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PostPosted: Mon Jun 10, 2013 12:41 pm   Post subject:   

Your attorney seems to think it's worth $500,000. Let him try and get that amount for you.



If he does, then you'll have about $350,000 to repay your medical expenses, cover your lost wages, and to compensate you for your "pain and suffering" and provide funding for any future medical expenses or lost wages. Your attorney will have $150,000 to show for it.



Personally, I don't think a jury would award $500,000 for such an injury, and even if one did, a judge would likely reduce the amount significantly. Secondly, the at fault party most likely does not have $500,000 in liability coverage, so any amount over the maximum their insurance would cover would be that person's out-of-pocket expense . . . despite what an attorney might want you to think, the money doesn't just materialize out of thin air.



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PostPosted: Tue Jun 11, 2013 1:38 am   Post subject: Car Accident  

In my case, the trucking company is at fault and they have umbrella coverage, so policy limits don't really apply for the amount I'm seeking.



What do you think a fair amount is for pain and suffering?



Thanks.


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PostPosted: Tue Jun 11, 2013 4:24 am   Post subject:   

You are posting in two different threads. The answer here remains the same. No one here can tell you what your injury is worth. You also have an attorney -- one who doesn't appear to be too competent -- and should be asking him that question, not him asking you what you want.



I don't know all the details, but I don't believe your injury is worth half a million dollars. If the attorney believes it is, let him argue for it. Just sit back and wait for the check . . . but don't hold your breath.



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PostPosted: Thu Jun 13, 2013 4:44 am   Post subject:   

I don't think my case is worth half a million dollars either, but at the same time, I think the high end which he suggested to me is not enough ($100,000.00) All medical bills, lost wages, plus his one third and his other expenses will come out of that. What do you think?


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PostPosted: Thu Jun 13, 2013 5:04 pm   Post subject:   

I think only you can put an "in your pocket" value on this, reverse engineer the math, and determine what it's worth. In other words, assuming the medical expenses are $30,000 and lost wages are $1500, you have $31,500 in hard costs, and the attorney will take $10,500 of that. If you want that $1,500 in lost wages restored to your pocket plus another $100,000 added to your pocket ($101,500 total), for example, then your gross settlement must be for about $197,250.



To get to that number: 100,000 + 30,000 + 1,500 = 131,500

131,500 / 2 = 65,750 * 3 = 197,250

(131,500 / 0.6666666667 = 197,250)



In this example, the attorney skims 1/3 off the top = $65,750.

The medical insurance company gets its $30,000.

That leaves $101,500 for you (100,000 + 1,500).



If there are additional attorney's expenses which need to be accounted for, then you have to increase the total settlement by that additional amount divided by 0.66666667 (i.e., $2500 in costs = $3750 in gross settlement money), in order to still walk away with $101,500.



If you hadn't already hired an attorney, you would have been able to say to the insurance company, "Look, I think I could easily win $100,000 from a jury for my injuries, plus my medical bills and my lost wages. But for me to walk away with that much in my pocket, I'd have to sue you for about $200,000, because the attorney will get 1/3 of the medical expenses + 1/3 of my lost wages. So just cut me a check for $100,000 and pay my $30,000 medical expenses, and I'll forget about the $1,500 in lost wages." You'd have saved the insurance company more than $67,000.



This is the part about rushing to hire an attorney that most folks don't understand. If folks would first stop to consider the cost, and then articulate that to the insurance company, everyone involved would save a lot of time, money, and effort. A reasonable request, coherently stated, gets results without being adversarial. I've shown many people how to do this with success.



Now, if the insurance company still refused to work with you to resolve the claim, THEN you go hire an attorney and sue them for more money. If what you've asked for without the attorney was within the limits of the policy, they should settle the claim to avoid a potentially larger loss. When an insurance company fails to settle a claim at or within the policy limits before trial, they would probably be on the hook for any amount awarded in excess of the policy limits.



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PostPosted: Mon Jun 17, 2013 1:29 am   Post subject: Car Accident  

Thank you so much for all your advice. I guess I'm one of those who made the mistake of rushing to an attorney too soon after the accident happened. I saw my attorney on Friday and he did not make things sound any better for me. I'm going to give you a bit more information about the accident because I am really needing some serious advice here. I know I have one chance at this and I want it done right.



The accident involved my husbands car, a tow truck and a pick-up truck. We were heading south driving a good distance behind the tow truck. The pick up truck was going north. The tow truck crossed the center line, hit the pickup, which caused the pickup to veer into our car. Our car was totalled. My husband got a broken knee cap, broken wrist and several fractured ribs. I got a badly broken thumb and a concussion. My husband has three screws permanently set in his knee. He suffers pain daily. I suffer pain daily with my broken thumb and will never be able to bend it again.My thumb was broken at the joint closer to the fingernail. Because it won't bend I have a hard time doing my daily chores and enjoying my hobbies.





Kansas has a cap of $250, 000 for pain and suffering. What do you think is a fair amount for each of us?


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