How to Calculate Pain and Suffering – Personal Injury Lawyer Answers your Questions

How to Calculate Pain and Suffering - Personal Injury Lawyer Answers your Questions

John Kelly explains how pain and suffering is calculated in personal injury cases as well as providing tips on how you can increase the potential value of your settlement.

If you have any questions for John, please feel free to post them in the comments section below the video.

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Transcript:

– Hi, this is John Kelly from the Kelly Law Team. I want to talk to you about pain and suffering. This is something that is very important to your personal injury claim and I think that there’s some ways that you can get more compensation for pain and suffering. It’s kind of an area of the law that a lot of people talk about, their monetary losses with an injury case. There’s another aspect to it. It’s the non-monetary loss, the pain and suffering and how to calculate that. How do insurance companies look at it? So a person that injures you is required to compensate you, for not only your economic damages. Now economic damage is the actual money that you’re out of because of the accident. And that would include your medical bills, your lost wages, future costs for medical expenses, those kind of things. But they’re also required under Arizona law to pay for your pain and suffering and it’s a very broad subject, includes a lot of things and there’s some things that you can do to make sure that you’re hitting all the points to the insurance adjuster to make sure that you’re getting compensation for these things. Even if you don’t have a lawyer, there’s easy things you can do to really focus your attention on the non-economic damages, the pain and suffering, so that you get more compensation. One of these things is pain. Another is discomfort, suffering, anxiety, disfigurement, loss of love, loss of careness, a whole list of things that you can hit on, and I think what you should do is do these things that I’m going to talk about, here, to make sure that your bolstering the amount that you get. One of those things is actually just taking notes. Write down the amount of suffering and pain that you’ve been at. So, let’s talk about pain. Pain is a very hard thing to kind of, articulate, to someone else, unless you have, kind of, some proof of it, or notes about it, about what kind of pain you’re in. So maybe what you do is you take notes about your daily pain levels, and you find out, after the accident that happened in June, you know, for the next five months, I had pain about 80% of the time, and it was at a level of seven to eight, or maybe it improved over time and you can kind of calculate how it’s improved. But you want to write those things down and document them. You can also have, and I’ll talk about this, with all the categories, but you can have witnesses. So maybe your spouse or your brother, or your sister, can take notes about what they’ve seen you’ve gone through, and the pain levels that you’re in. Another category in pain and suffering is discomfort. So what kind of lack of sleep have you had? It hurts now to stand. It hurts now to play tennis that you used to play everyday. Can you get someone to document that for you. You first would want to take some notes about it, maybe you take some photographs of yourself no longer playing tennis, and have some photographs of yourself playing tennis beforehand. So that you can show that kind of discomfort is now a little bit more articulated and a little bit more solid for the adjuster to look at. We talk about, in pain and suffering, also disability, and that kind of goes along with the discomfort. You’re no longer able to do things that you used to be able to do. You can no longer cook, when you used to want to cook. You can no longer go for runs. You don’t have the same range of motion. Can you take a video of yourself, trying to do the range of motions that you used to be able to do. Do you have previous video of yourself doing something, like playing basketball, that you no longer could do?
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20 thoughts on “How to Calculate Pain and Suffering – Personal Injury Lawyer Answers your Questions”

  1. You gave lots of great advice what if im homeless after my injury because my boss fired me

  2. I was involved in a car accident a week ago and am still dealing with chest pain from my seatbelt. My car was totaled and I'm a single mother of 3. I'm also an EMT so my job is very physical, because of that, I've been out of work for over a week. The feelings you go though are like a roller coaster. Other driver admitted fault but I'm still waiting on things to get moving. I've never dealt with anything like this before. I'm clueless.

  3. hi sir, i was in car accident in which other person's fault i had appointed lawyer for injury claim, i was unable go for exams due to which my immigration to canada has been cancelled, can i ask for green card in usa ? since it wasn't my mistake and my career is wasted ..i cant get permanent residence over canada now

  4. After spinal fusion and 2 corrective surgeries I can barley move around. I was just put at 80% disabled and NY State says I need to find a job? I can hardly put my hands out in front of me. Can't sit still, can't stand for long or walk hardly any distance and I'm supposed to work? I used to work like crazy, if I could work I would. My anxiety is through the roof!

  5. I got hit by a drunk driver awhile ago hired a driver they made it to where I was the only person who was able to claim his insurance "his drunk wife tried to also" because there was only a set allotment of money that can be payed out….he also found a payout my insurance policy had also that my insurance didn't want to say anything about I walked away with 90% more with a lawyer than I would have without one…..33.3 percent is a good cost for a sizable settlement

  6. Can u explain something about nuisance cases ex. Dog barking, party all hours of the night, running the dog back & forth all day. I’m not resting nor my daughter.

  7. I was involved in a bad car accident that was the other parties fault. My car was totalled and ive had to go to the hospital a few times + a bad strain on my right shoulder in which i cannot lift weights for about a month or two. I also had a passenger whos had issues as well. Im already almost done with getting the whole car issue complete with my own insurance but i do want to get compensated for pain and suffering. Do i need to hire a personal injury attorney or is this something that I would be able to handle myself?

  8. I only have a couple weeks left to file suit, I had a lawyer who withdrew on me as he felt my health issues caused the amount to be to low. I told him everything up front. He had me sign the agreement and then a couple months later withdrew for the reasons I told him.I suffered post concussive syndrome and whiplash/back stain. I have gotten the adjuster to accept proof of my injuries and also I have told them if they don't offer me 30 thousand I will file a bad faith complaint with the Insurance Board against them for how they treated me. Now no lawyer will touch it, it as my time is running out. hit an run, my own insurance. I am in negotiations with them now…on my own.

  9. I was involved in a hit and run accident in Colorado just last week. The person was caught and is in custody, but i am finding out the vehicle involved was stolen, the vehicle was insured but this insurance doesn't want to be liable for my damages, this is still an on going investigation..but i suffered a sternum fracture, bruised heart, and sprained wrist. If this insurance declines my claim and i get a lawyer, who will i go after, the owner of the vehicle, the 20 year old driver that stole the vehicle, or the insurance declining my claim? I am not able to work because of my injuries and its effected evert aspect of my life. Anything would help, thanks.

  10. If you are bullied in school is it a personal injury complain?please anawser this because i want to be a lawyer someday and im 13yrs old but im already studying personal injury that kind of stuff

  11. I live in WA and I was wondering if I'll get more money because my G37 coupe got totaled and I ended up going to PT and the medical bill was $9,100. Thank you.

  12. I was hit by a car walking in a bike lane, the lady who hit me wasn't paying attention I sustained a head concussion, PTSD, factured ankle, contussion on my head, contusion on my foot and permanent scarring , bone bruise on my knee and common fibula nerve dysfunion and mylgia in my leg my attorney said they only have 250,000 and my med bills are over 61,000. I have a doctor saying I can no longer go back to a normal job standing or walking. after all this is said and done I will receive pennies and I'm annoyed and don't want to be screwed. my attorney had to file suit because they didn't want to offer anything. the police report and the person who hit me clearly said its was their fault, and the insurance did say they were at fault. so now I don't know whats going to happen. I did not have med insurance or car insurance.Read more Show less Reply     1

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