How to calculate pain and suffering claim?

Question

How to calculate pain and suffering claim?

Answer 1

ive been in three rear ends and got money for each one ive always calculated every thing my self like if i was off work for three days i want three days pay pluss if i was sore i want something it all depends on what you want they have to settle they will try to give you some thing stupid just tell them what you want and you will get it if they tell you thats to much tell them say you know what im still sore anyway just keep paying my doctor bills and ill see you in court when i am done look a mri cost like 1200 to 1500 you have to have one of them and then doctor bills they have always gave me what i want but i have only wanted like 5000 but was never hurt bad just a little head ache they said it was whip lash but i was fine in a few days

Answer 2

There is no special formula, and the insurance company will not multiply your medicals by a mystery number like 3, 4 or 5 to come up with the case value.  

Also, just because you may have been injured does not mean you are entitled to pain and suffering.  The threshold requirements vary from state to state.  Some are monetary, some are verbal, and in others you have to sustain a "serious" injury.

Assuming you are tort eligible, the claims adjuster will evaluate your claim based on the nature and extent of your injury, disability, treatment and permanency if any.   If you live in a No-Fault state, and if you have PIP coverage, your own PIP will pay for your medicals and lost wages.  Any unpaid medical or lost wages will be included in the settlement.  If you do not have PIP, then all of your medicals and lost wages will be included.  

The evaluation will be reduced by your percentage of negligence, if any.