How to Calculate Pain and Suffering

by bethciv » Tue Jun 18, 2013 04:30 pm

I was hit by a car while walking to my car in my parking garage at work. My office said it was workers comp because it happened in the building so they covered my week off work and medical bills and physical therapy totalling $6500 (broken arm). They will be subrogating to the insurance of the person who hit me. My question is in regards to pain and suffering. How should this be calculated? My attorney said the 3x number usually includes the medical bills and since workers comp covered that the pain and suffering amount would be less.

Total Comments: 6

Posted: Wed Jun 19, 2013 01:04 am Post Subject:

You are going to be paying your attorney 33.3% of what is paid... so why not ask him (since he knows the local laws and your case)? When I pay someone for something I usually take advantage of that service. Do you pay a plumber and then repair the pipe yourself?

Posted: Wed Jun 19, 2013 01:53 am Post Subject: How to Calculate Pain and Suffering

I'm actually not paying her because I belong to a Legal Services Plan and she is advising me on the demand letter but not representing me. So if anyone has any guidance as to whether the 3x guideline is generally inclusive of medical, lost wages, and pain and suffering I would appreciate it.

Posted: Wed Jun 19, 2013 03:38 am Post Subject:

The other carrier won't be paying WC directly, or at least you should not let them once you settle. What you should do is obtain discuss settlement with the other carrier and get an idea of what they will offer. You then go to your WC carrier and negotiate their recovery. That is, let them know you are negotiating with the other carrier but you need to see if WC will reducing their billing so that you can settle. This is done all the time. If it were not for your work, they would recover nothing (they only have a right to _your_ settlement). The other carrier is going to consider all of your _full_ medical expenses so any money you shave off from WC it yours to keep.

On a broken arm I'd say 3x could be reasonable. If this is what you are the number you are looking for then I'd certainly make my opening demand larger and then come down to that number.

You certainly want to give the other carrier the impression that you know what you are talking about.

Posted: Wed Jun 26, 2013 02:38 pm Post Subject:

Yes, very well said tcope. It is futile to calculate the amount of coverage a person will have for all the pain and suffering he has been subjected to because someone has hit him from behind.

Posted: Wed Jun 26, 2013 02:49 pm Post Subject:

It is futile to calculate the amount of coverage a person will have

What is futile is posting something which makes no sense.

A person who is injured in a traffic collision need not be concerned with how much coverage "they" have. "They" are entitled to 100% of their actual economic loss. They are entitled to what ever amount of noneconomic loss a jury is willing to award, subject the the court's discretion to reduce unreasonable jury awards. Makes no difference whether one is struck from the rear, the front, or the left or right.

As for the party who caused the collision, he/she needs to be concerned about the amount of insurance protection the insurance company has promised in the policy. If insufficient, the balance owed to the injured party comes directly out of his/her pocket.

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