QuestionHello! I saw your previous answer regarding a calculation of compensation in a personal injury claim. Since I just got soft tissue injuries in a car accident and have recovered, I plan to demand X times of my loss as the pain and suffering. Can you explain what type of the loss is related to the calculation of the pain and suffering besides of the medical bills and wage loss or any accident related loss, for example, mileage reimbursement for the treatment can be used to calculation of the pain and suffering? Thank you for your answer?
AnswerHi Roy,
Thanks for going back and reading the answers. There are two other experts here that can also shed some light. Maybe they believe that they can calculate damages for a claim such as yours, but I do not. It is just a guess: you go for what would make you feel whole and fight for that.
Beware of losing credibility by setting your demand waaaay too high. That does not put any pressure on the adjuster to settle. In the end, the value is what you and she agree it is. Period.
The one thing I wanted to make clear in those previous answers is that calculations per se are pretty bogus (unless of course you wanted to lease Colossus for $3 million).. It is always just a starting point. And there are no handholds to grab on to when the adjuster starts her attack on your number. In other words, there is nothing you can point to with any degree of certainty, UNLESS you wanted to go to your county law library and do jury verdict research.
There are publications that show various settlement figures, arbitration and mediation results and jury awards for all kinds of injuries. You can find them in your county law library (within the courthouse probably). Ask for jury verdict research. They give a breakdown by your state for various kinds of injuries.
For me, they were always too low (probably because no one asked plaintiff attorneys like me to give input on our results). So, unless I had some unusual claim, I never even looked at them in my days as a trial attorney. First off, as I noted in the earlier answers, geography plays a big role in claim valuation. So a verdict in a urban center is not going to be relevant to a case in the boondocks. Second, those publications lack most of the verdicts and settlements. In all of my 27 years, no one ever asked me to input my results.
I just think you pick the multiplier based upon what I wrote before—looking for your strengths and weaknesses in the factors. I want to be sure that you look at those 11 factors that I listed and make your arguments based upon the strengths there.
Now, you ask what should be included in the base. Lost wages? Transportation? NO, I never included anything but the medical expenses. Now maybe someone more enlightened than me wants to include lost wages in the base for multiplying. So even though I never heard of it that should not stop you. If an expert says to include them, do so.
I have answered your question, Roy, but I do wish I could have just plugged you in on some magic formula. But that is why they try cases. It all comes down to the facts of each case, including the likeability of the plaintiff.
Good luck with your claim, and I am glad you had a swift and complete recovery. I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
