How do you calculate pain and suffering for an auto accident?

Question

the car insurance said the will settle they just want a figure

Answer 1

Well, there's no hard and fast formula. You have to look at the damage to the vehicle, the amount of non-chiro medical bills, and the time off work, and just "wing it", in combination with the severity of the injury, and the possibility that the injured is faking or exagerating to get money.

What would make you happy? How inconvenienced were you by the injury?

Answer 2

Claims are NOT figured by the amount of medical bills. Let me give you an example why….

Mr. Smith and Mr. Brown suffer from the exact same injury in an auto accident. Smith goes to the ER where they take xrays and a cat scan. Brown goes to his family GP. They are both diagnosed with exact same injury and need no follow up. Smith’s bill will be $5,000 and Brown’s bill will be $100. Why should Smith receive a settlement of $15,000 and Brown a settlement of $300??? What is someone has a 10-inch gash on their face. Doctor bill for stitches is $500 – should they only receive $1500 even though they have a huge scar?

My point is there is no hard fast rule. Some insurance companies use computer programs but the amount of medical bills have nothing to do with it. It has to do with injury sustained, treatment received, prognosis, jurisdiction, etc. You can get an attorney but you will have to hand over 35% of your settlement. Just keep in mind it is never as much as you think it will be and you are not going to get rich from this. When I worked claims I had authority to settle claims on my own up to 7500k – including meds (anything over that needed supervisor approval) and I was able to settle 95% of them.

There is no way to tell you what your claim is worth since you did not elaborate on your injury and treatment.

Good luck.

Answer 3

I would have to agree with mamatohaley.

Inspite of what people think, there is NO LAW anywhere that says you receive 3 times your medical expenses. Injury claims are subjective and the courts recognize this.

You can't calculate pain and suffering....all one can do is EVALUATE your medical bills for reasonable/related/medically necessary treatment and gauge it from that.

If your "injury" is like the majority of "injuries" out there, SOFT TISSUE....don't expect much. A real injury is broken bones, internal bleeding, scarring, paralysis, DEATH.....those carry much much much more value and indeed are real injuries.

So give them a figure and go from there. They owe you, they just don't owe you much.

Answer 4

Generally you multiply your medical bills by 3. That's the figure I would give them. Start a little higher than what you reallly want, in case they counter with a lower offer. If you're lucky, they'll just settle with the higher amount.

Answer 5

It's a multiple of your medical expenses plus your lost wages if any.

I believe the multiple varies throughout the country. Start with 5x and negotiate down.

I am sure there are thousands of personal injury lawyers where you live who would be happy to help you out.

Answer 6

Try 1-10 10 is the worse pain you can stand. If they want words, tell them extreme pain, suffering, tell them you can't do as you did and that you are having nightmares and can't sleep.

Answer 7

State the monetary demand you're asking for and state it as a post-traumatic stress from the event (accident)

Answer 8

It usually runs between one and three times the amount of the medical expenses incurred.

Answer 9

I trust that you have an attorney. They have a system to arrive at a $$$$$ figure to ask for and then will negotiate from that point.