December 12, 2009
How is pain and suffering calculated from an auto accident?
Cindy M asked:
I was in a serious roll over auto accident and the girl that hit us has state minumum insurance coverage so now my insurance has to come into play also. After all medical billls are paid I’m trying to figure out where the pain and suffering comes in and how a dollar amount is put on it. I have been in bed for 5 weeks because of this accident. I’m sure after all medical bills are paid there probably won’t be anything left to even go towards pain and suffering. The girl was only 18 that hit us and her insrance policy is only in her name. I am at least thankful she had insurance.
Conyers Personal Injury Attorney
I was in a serious roll over auto accident and the girl that hit us has state minumum insurance coverage so now my insurance has to come into play also. After all medical billls are paid I’m trying to figure out where the pain and suffering comes in and how a dollar amount is put on it. I have been in bed for 5 weeks because of this accident. I’m sure after all medical bills are paid there probably won’t be anything left to even go towards pain and suffering. The girl was only 18 that hit us and her insrance policy is only in her name. I am at least thankful she had insurance.
Conyers Personal Injury Attorney
Filed under Conyers personal injury attorney by .
Leave a Comment
Comments on How is pain and suffering calculated from an auto accident?
10:59 am
Conyers Personal Injury Attorney
2 ways, Actual and Accepted. Actual are the injurys that can be documented, Accepted are the injurys claimed. Accepted injurys have to be proven in a court of law. Not criminal action but
civil action should be persued.
3:55 am
Conyers Personal Injury Attorney
Pain and suffering are very subjective and difficult on which to place a monetary value.
Medical bills, injuries, lost wages, are more objective and will bring you a larger compensation.
I was in a accident several years ago, injured my nose requiring minor surgery. My settlement was about $10,000 plus repairs to my car (about $9000) and medical bills ($3000). I believe whatever the cost of your injuries is multiplied by 3 to calculate your compensation. You may want to get a lawyer.
9:33 pm
Conyers Personal Injury Attorney
To pursue for pain/suffering, you would need to take her to court. Your insurance will cover your bills, compensation beyond that must be taken to the court system.
11:50 pm
Conyers Personal Injury Attorney
Since there is no way to accurately measure pain suffering most courts disallow it. If you sue you will most likely receive enough to cover medical bills lost wages but not much else.
12:12 pm
Conyers Personal Injury Attorney
Despite what most people think, there is no set calculation used for pain and suffering — however, in your case there will be none at all. You will have to sue the other party in court in order to collect and since they are tooling around with state minimum insurance coverage she is probably a deadbeat with no assets and just waiting for an excuse to file another bankruptcy.
5:17 am
Conyers Personal Injury Attorney
There is no formula used to calculate pain suffering. Each case is different and is settled based upon it’s own merit. It’s a subjective process. And just so you know whoever mentioned 3 times meds is wrong…I’ve offered 3 times meds on a case that actually was valued that high and the attorney still didn’t take it. Well that attorney took it to court and wouldn’t you know…the verdict was for a LOT LESS than my initial offer and OH was he p*ssed off!!!
But just so you know, if the 18 year old’s policy limits are offered to you you do not have to accept it. You can always sue her and have a judgement entered against her…she may be young and have no money now, but that could very well change as she ages.
Just be glad you’re alive. After all, that’s what’s most important isn’t it?
6:21 pm
Conyers Personal Injury Attorney
Try the following link. I am sure it will help you. Trust me
2:06 pm
Conyers Personal Injury Attorney
if you cant agree the jury will set an amount.