How to formulate pain and suffering amount?

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PostPosted: Mon Jun 17, 2013 8:52 am   Post subject:   

Quote:
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.
OK, now we're getting back into chimpanzee territory. Without the use of an opposable thumb, you are distinctly limited in your ability to work or perform many tasks.



Once again, like the Kansas Supreme Court has said, there is no formula, calculator, or method for making a determination of what is "fair" or "just". A jury hears the evidence and makes a decision. If the amount, in Kansas, is more than $250,000, the judge must award $250,000. He cannot award more nor may he reduce that amount. And the jury is not supposed to know that in advance, so the judge cannot give that information as part of the jury instructions.



The limitation on "noneconomic" damages is per person, so both you and your husband can demand $250,000 for your pain and suffering and probably get it without the need for a jury trial. Which means you probably could have gotten it without an attorney.



Maybe you could argue that trial attorneys have a duty to disclose this prior to obtaining a retainer from plaintiffs such as yourselves, and that absent such disclosure, attorney's fees in civil negligence trial situations are an unconstitutional taking of the plaintiff's property. And unless your original statement about $500,000 was for both you and your husband's injuries combined (a concealment on your part), perhaps your attorney is guilty of misrepresentation in leading you to believe he could get you that much, when it is not true.



With an attorney, you will necessarily lose the attorney's fees -- 30% to 40% of your total recovery. This is perhaps an issue that the state Supreme Court might be willing to hear, ultimately, on appeal -- that so called "tort reform" worked by the legislature in the 1980s should have required attorney's fees to be awarded in addition to a plaintiff's noneconomic damages, because to allow them to be taken from the adjudicated award becomes "economic damage". I don't know if that issue has ever been taken to the appellate level in Kansas.



At least one Supreme Court Justice, in Samsel v. Wheeler Transport Services, Inc., 789 P. 2d 541 - Kan: Supreme Court 1990, supported the concept that the Kansas statute in question, limiting jury awards by removing the trial judge's discretion to reduce an unreasonable jury award, as well as limiting a deserving plaintiff's noneconomic damages to $250,000, was unconstitutional.



Your right to recover 100% of your economic damages is absolute, but most of that money will go to the insurance company that paid your claims (if any), and will also be subject to the attorney's taking first.



Like many people who rush themselves into an attorney's open arms, you have suffered twice by hiring an attorney in this matter.


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PostPosted: Tue Aug 27, 2013 11:51 pm   Post subject:   

My husband was hit in the chest with post hole digger. How much should I ask for ......for pain an suffering...


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PostPosted: Wed Aug 28, 2013 1:48 am   Post subject:   

You were not injured, you cannot ask for anything. As for your husband, we have no details, and cannot give you an answer. That's up to a judge and jury if you cannot reach an agreement with the insurance company. Some attorneys will tell you they can get you 2 or 3 times the total medical bills, but that's not a rule.



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PostPosted: Mon Jun 02, 2014 1:41 pm   Post subject: required documents  

good morning I just need to know what legal documents I need to show that I was going to see the doctor. the dentist already provided the days I was there but the company wants a letter from my employer legal letter showing I requested time off work. I provided a letter showing that I work full time 8-5pm mond-frid therefore my appts were between those hours. I don't want my employer involve in this do I must request that letter. thanks Confused


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PostPosted: Mon Jun 02, 2014 7:58 pm   Post subject:   

Quote:
I don't want my employer involve in this do I must request that letter.
Your employer is not "involved" in this at all. But if the insurance company needs documentation from your employer showing that you missed time from work, that is a reasonable request. After all, you could have take the day off on vacation time, and collecting from the insurance company for the same hours not worked would be fraud.



For that, you could get the next five years off work -- while behind bars in a nice state prison for your felony conviction.



If you lost actual time from work due to a third-party incident, then you need to prove that to the insurance company in order to be paid. Pay stubs should work, but a letter from your employer will suffice. Your employer should have no difficulty accounting for your time and putting that into writing.


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PostPosted: Mon Jun 30, 2014 2:32 pm   Post subject: Pain and Suffering  

So, back in April I suffered a nasty fall when the elliptical machine I was exercising on broke (weld on the foot pad snapped off). I landed hard on my shoulder, and damaged my neck/back. After going for X-Rays, my doctor found proof of muscle spasms (possible nerve damage) and referred me to physical therapy. PT has lasted for 6 weeks, with no end in the foreseeable future. PT has also instructed me to perform at home exercises (45 minutes/day - 5 days / week). To this point, total medical expenses $3,185, and missed work (1 day) $404. Yesterday, I submitted my request to the manufacturer requesting reimbursement/compensation totaling $21,909 ($above listed costs, $400 for refund of machine, and $17,900 for pain and suffering [Approx multiple of 5]. Given I live in Baltimore, MD, and the potential for on-going pain/medical treatment, 1) Is this amount too much? 2) Should I have waited until all medical procedures were complete? 2a) How long is "too long" when waiting to see how my body responds to therapy?


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PostPosted: Wed Jul 02, 2014 2:43 pm   Post subject:   

I submitted my request to the manufacturer requesting reimbursement/compensation totaling $21,909 ($above listed costs, $400 for refund of machine, and $17,900 for pain and suffering [Approx multiple of 5]Good luck with that. As long as your injury has not been resolved, they are not going to pay $0.01.



And it is unlikely that they will easily accept liability for the faulty product, which, I assume, you still have in its broken condition so that a proper forensic examination can be performed.



Quote:
1) Is this amount too much? 2) Should I have waited until all medical procedures were complete? 2a) How long is "too long" when waiting to see how my body responds to therapy?
1) YES. 2) YES. 2a) One day longer than the statute of limitations for a product liability/personal injury tort.


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PostPosted: Wed Sep 17, 2014 12:30 pm   Post subject: Have I over estimated?  

I'm a Paralegal Student and in May 2014, I broke 2 toes while walking in a parking lot that was covered in potholes.



I lost Financial Aid because I got injured the day of finals.

A failing grade lowered my GPA last Spring which got me kicked out of school for Summer and Fall semester, so I lost Aid for all 3 semesters.



- (3) $800 grants

- (2) $1,700 loans

- Lost Income = 7,500



- Pain & Suffering. = 7,500



- Physical Therapy (16 visits) = 3,600



- Pain Management Dr (4 visits) = 3,000



- 1 orthopedic surgeon visit = 600



- gas and mileage = 300



- attorney fees = 7,500





TOTAL. $35,100



I'm estimating but I believe my case is worth $35,000 or more so I want to take home at least $15,000

Any advice ?


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Pamela247
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PostPosted: Wed Sep 17, 2014 2:15 pm   Post subject:   

I can tell you right upfront, you aren't going to like the rest of this. But, sometimes, it's better to hear the truth than to be told what you want to hear.



I do not see things your way. By your own admission, you were walking "in a parking lot that was covered in potholes". You obviously knew the dangers this presented and were careless enough to allegedly do something that resulted in broken toes -- a broken ankle would be more likely to happen. A seemingly convenient excuse for trying to get out of finals that did not work, and as a result, your composite gradepoint average was now below the threshold for continuing as a student -- it must have been pretty low to begin with if one "failing grade" caused that to happen.

As a want-to-be paralegal, you seem to have conjured up all sorts of magical numbers that make little sense. 16 Physical Therapy visits for a couple of broken toes? PLEASE! That's $225 per visit. The national average cost for PT is less than $150. And I don't know anyone else to needed PT for a broken toe or two. People break toes all the time and walk around on them -- albeit, somewhat painfully -- for a few weeks and that's all the physical therapy they need.

Lost income = $7500? What is this based on? A job you won't get because you got tossed out of school? Evidently they didn't teach you much about civil law in that paralegal school. If you were working an making that kind of money, why would you be in paralegal school -- a sudden desire for a career change?

Pain management = $3000? That's $750 per visit. You're nuts. You need psychiatric treatment. A bottle of Motrin costs $5 and is all the pain management you needed -- generic ibuprofen at WalMart is even less expensive.

Ortho consult = $600? I seriously doubt it. Maybe $200 at the most.

With all these PT, MD, and "pain management" appointments, you only managed to come up with $300 in "gas and mileage" expenses? I would have expected at least $1000. But, then again, you don't understand that process either. There is a federal reimbursement rate of 23.5 cents per mile. $300 = 1276 miles. Must have been a very long way to PT . . . about 40 miles round trip, right?

Your grants and loans are your own responsibility, regardless of the injury to your toes, which was, in my opinion, your own fault.

You also need to take a remedial class in math, too, because when you add it all up (not including the $7500 attorney's fees), the total comes to $25,600 -- your estimate was off by almost 40%. How you stretch that to $35,000 is beyond my comprehension. In paralegal school you should have learned that attorneys typically take 33.33% of a civil damages award, so that would amount to at least $8533.33 out of $25,600. Rarely are attorney fees added to the damages in a civil case for personal injury.

And, of course, you never even mention whose parking lot it was that was covered in potholes or why you were there in the first place.

Sorry, but if I were on the jury, and this is all the testimony you had to offer, you would be wasting my time, and the penalty for that is $0 in damages, $0 in pain and suffering, and $0 in attorney's fees. But, I'm sure you can find an attorney who will tell you, "Sure! I can get you $35,000. My fee will be 40% of the settlement, or about $14,000." Be sure to read the fine print in his retainer agreement about how other expenses, such as expert witnesses and court costs, may come off the top, too. Don't plan on spending that money anytime soon -- you know how those evil insurance companies like to drag things out as long as possible -- it could take five years to get into court.

Of course, you could present all these numbers to someone's insurance company and see what happens when they turn you over to the state for attempting to submit fraudulent claims. For that you could get up to 5 years in prison -- plenty of time to work on that paralegal certificate.

On the other hand, maybe the public will be safer without another paralegal running around.



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PostPosted: Sat Mar 21, 2015 3:28 pm   Post subject: How much personal injury can I get.  

I fell in a puddle inside food lion and tore my meniscus. I ad to have surgery and was out of work for 6 weeks. Had to go through physical therapy. Pain is still bad and my knee swells 2-3 times the size of my other knee. My medical bills are almost 19,000.00 not counting lost work and lots of pain. My health insurance has put a lien on them for medical bills and I told them I would settle myself for 30,000-25,000. For my lost work and pain and suffering. I feel this is reasonable speaking I will probably have to have surgery again in years down the line.

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PostPosted: Sun Mar 22, 2015 1:58 am   Post subject:   

Did you have a question?



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