How Personal Injury Lawyers Calculate Settlement | Personal Injury Q&A

At McMinn Law Firm, we are in constant communication with our clients answering questions about their cases. But one of the questions we receive most often from people reaching who haven't yet hired an attorney is “How do you calculate pain and suffering in a personal injury case?”

Before hiring a lawyer, people facing severe injuries want to protect their best interests by hiring a lawyer that they feel confident. Most often - that means the attorney has the knowledge and expertise to help them secure a maximum fair recovery following the accident. We agree that protecting an accident victim's maximum fair settlement or verdict is the most important role of an attorney.

Pain and suffering does play an important role in securing a personal injury settlement. In this video you can learn:
- how much money to ask for pain and suffering in a personal injury case
- how you can maximize your settlement or verdict by recording information about your pain and suffering symptoms

Transcript:

In this video we will be talking about how to calculate a pain and suffering settlement.

Pain and suffering can play an important part in a personal injury case. However it can be difficult to define.

Sometimes known as general damage, it may include an amateur soccer player’s loss of ability to play the game they love, or a fiancé who’s relationship has been damaged by serious pain and discomfort. Emotional distress may present itself in different ways depending on the individual.

It may include the following: That’s actual pain and discomfort. As well as, physical limitations, not just those at the time of the injury, but also future expected limitations such as loss of ability to play with children, care for oneself, or a disfigurement.

Mental pain and suffering may include depression, mental anguish anxiety or other emotional disorders. Loss of consortium, such as the loss of ability to be intimate with your partner. Any other emotional or psychological trauma.

Your personal injury lawyer can calculate pain and suffering in a personal injury case. It is their role to demonstrate to a jury or in settlement proceedings the value of the pain and suffering. Although personal injury cases are common, there are no charts that juries look at to figure out how much to award.

Judges advise juries to use good sense in determining what would be a fair and reasonable amount to compensate for the plaintiff’s trauma. A basic, common way to calculate the value of a case is to use a multiple of the actual costs. These may include hospital bills, doctor’s fees, lost wages, and damages to property. These damages, often known as special damages, can be found relatively easily.

For some, it is simply a matter of adding up the bills and receipts for medical care. However, coming up with a total value of pain and suffering can be a more complicated task. Use of a multiplier is often used to come up with a figure that represents the total pain and suffering from the accident.

Remember that pain and suffering includes mental pain, loss of consortium, and any other emotional or psychological trauma. This can be divided into two parts. The pain and suffering that has already happened and the pain and loss that is expected throughout the duration of the injury or the lifetime of the plaintiff.

Current pain and suffering has a clear and definite end point. However, current and future pain and suffering must be estimated into the future. When calculating a pain and settlement demand, a personal injury lawyer will convince the insurance adjuster or the jury of the impact the injuries will have on quality of life.
To succeed in raising your settlement amounts, you must be able to prove pain and suffering. If the injury caused you to sink into a depression, prove this by showing medical records of treatment by a psychologist or a psychiatrist. Aid this by writing a journal that details your symptoms. If you are unable to sleep after the accident, prove this with copies of prescriptions to sleeping pills from a doctor as well as a sleep journal.

No matter the severity of the case, always be prepared to speak about what you lost and how you suffered as a result of the accident.

Record a journal during recovery. It will help you accurately represent your injuries in court. Remember to be realistic about your injuries. And don’t forget to communicate honestly and openly with your attorney.

[jeffmarionpersonalinjuryla]

This is a creative way to show how "pain and suffering" is calculated and proved at trial. Worth three minutes of your time.

[jakey]

I think alot of people forget about the decrease in value of your auto if your car is not ruled a total lose. The auto damage will be on your cars carfax report forever.

[danmoua]

If they only handle my Medical portion, they would only take portion of my medical settlement or it depends on the contract?

[rolandorolfo]

Fracture metatarsal 2nd, 3rd metatarsal how much compesation

[jozsefpalinko]

After the traffic accident with the drunk driver I have lost my both legs below the knee and the middle finger from my right hand. Preszler law firm in Toronto has settled my case for $350, 000. After all deductions I have received 223, 000 only. Last both legs because of the drunk driver and lost my business and home because I was dealing with Preszler law firm in Toronto.

[handleton]

So, they dont just provide you the mathematical formula, in which it is calculated? Got it. Thanks.

[lp]

I’m in need of a PI attorney to help me with my TBI premise liability and 3rd party HVAC equipment fell on my head and knocked me out. Two years of specialized doctors and therapists all resulted in Parkinson’s which is considered a catastrophic injury. This has devastated my entire life. I’m located in st Charles mo. Please respond help needed ASAP

[lakeithnlovesmary]

Oil heaven said wait til they see what’s this for lol 😂

[dbbernsheycubscougarhere]

I know...dee explains herself at YouTube channel...low settlement on bad injuries unfair for trauma

[jamessoho]

If all your bills are $60k and let's say your going to be treating for yrs or ever, total up 1 plus how yrs to 80 or 85yrs old, so it's $2k a yr and your 63, that's $44. So I would ask $225.00.

[bearhandle]

There's great value in my case as in injury due to icepick any lawyer would gladly win Exp: Acquired Brain Injury

[dollydoll]

I get hit by a car reverse in my while I was walking 🚶‍♀️ 🥲🥲

[CreepersSpazzShortsYtThxSoWowX]

What if one is crooked and almost kills you like a certain Blackman I know that for one died cause he couldn't breath and just ... bad security guard

[timothyj]

IF you are in ONTARIO CANADA there is a $46, 000 DEDUCTABLE for ANY Settlement UNDER $153, 000 (Threshold) set by Government this is ALL an Advantage for Insurance Companies... UGGHHHH

[bluebrianblue]

Sorry but your diction is poor and cant understand most of the time. my hearing is OK