How Much is My Case Worth – How Our Calculator Works:
If you were in a serious car accident or other type of accident, you probably have pain and suffering damages. Getting a reasonable settlement for your personal injury case is vital, and getting a fair dollar idea of what your pain and suffering is worth is especially critical.
The below pain and suffering calculator can be used to reach a total, rough settlement amount for the accident injuries you have had. You also should input the dollar amounts of your medical costs and lost wages to arrive at a rough settlement figure.
It is important to remember that this pain and suffering calculator is for illustrative purposes only. It is no substitute for legal advice from a licensed personal injury attorney. You may use this calculator to determine a ballpark settlement amount, and then review the case with an attorney.
Under the compensation calculator, there is more detailed information about pain and suffering, medical expenses, lost wages, and other damages that are common in personal injury cases.
The above pain and suffering calculator requires that you enter numbers for the following personal injury damages.
Pain and Suffering and Which Multiplier to Use
If you have suffered a serious, debilitating and possibly permanent injury, it is nearly certain that you have experienced physical and mental pain and suffering. How does one determine a fair number for a personal injury settlement for pain and suffering? Determining this number is always a challenge. But insurance companies and lawyers usually utilize a multiplier to arrive at a total damages figure.
The multiplier is typically 1-5, and is an equation that is used by auto insurance firms to put your pain and suffering in dollar terms. It works like this: All damages including medical costs, lost wages, property damage etc. are added together and then multiplied by a number from 1-5. The number used is based upon how much pain and suffering you have endured from the accident.
As you are thinking about your pain and suffering as you complete this form, you need to determine what your multiplier should be. This is a complicated legal matter that really can only be definitively addressed with your attorney. It is important to have a reasonable and fair assessment of your pain and suffering level so that your side can negotiate fairly with the insurance company.
For the purposes of our pain and suffering calculator, you must decide whether your multiplier should be 1-5 to represent your mental, emotional and physical pain and suffering. As you weigh this issue, think about the following factors:
- How badly were you injured in the accident?
- How many treatments at the doctors’ office or hospital have you gone to? How many will you have to go to in the next three months, six months or year?
- How long have you had medical treatments so far?
- Will you be dealing with debilitating and possibly permanent injuries? How long does your doctor say it will take you to recover? Will you ever fully recover?
- Does mental, physical and emotional pain from the accident affect you every day?
When we think about our level of pain and suffering, it is easy to overestimate it. This is entirely understandable, and perhaps your pain and suffering really is a 4 or 5. But think carefully if your level rises to a 4 or 5 multiplier. It is a mistake to assume that your accident injuries entitle you to a large settlement with a 5 multiplier. A higher end multiplier is only used in very serious accidents with serious injuries.
Here are some accident considerations that could indicate a higher number should be used in our pain and suffering calculator.
- Another party, such as another driver, is clearly at fault. The other driver may have been cited for fault in the accident. For instance, if a drunk driver hits you in a crosswalk, this is a clear example of fault. If there is any degree of shared fault for the accident, this may affect the multiplier.
- All your serious injuries have been noted by a doctor in a physical examination. There must be clear physical evidence of injury. Emotional and mental trauma is important too, but there needs to be a physical reason for it due to your accident injuries.
- Your pain and suffering from the accident is very serious, painful and obvious. If you are hit in a crosswalk and suffer compound fractures, the injuries and pain are very clear. This point can be emphasized with witness testimony and various supporting documents, such as medical reports and police statements.
- Your diagnosis has been performed by an MD or a hospital.
- Your accident recovery is months, years or you will never fully recover.
- Your doctor has reported you will have permanent or long-term accident injuries.
In your accident, do some or many of the above factors apply? If so, you may be able to put a 4 or 5 multiplier on your pain and suffering for this calculator. Your personal injury attorney will offer you an honest assessment of the level of your pain and suffering, if you choose to retain one.
Putting a fair value on your pain and suffering is important for settlement negotiations. If you automatically assume that your pain and suffering is worth a 5, the insurance company will reject it; insurance companies and adjusters have a good idea based upon past accidents what the pain and suffering is worth for most serious accidents.
So, it is advised to fairly evaluate what your pain and suffering is, and assign the appropriate multiplier in our calculator.
Note: The multiplier method is thought of as a good starter for negotiations for pain and suffering. But it is not perfect. Some attorneys argue that using a multiplier is arbitrary and could undervalue someone’s real pain and suffering. It is possible that two lawyers could take the very same accident case and assign a different multiplier to your damages. You always can get a second opinion about your pain and suffering multiplier with another attorney.
Always make sure that whatever multiplier you use, that your pain and suffering is strongly supported by clear and convincing evidence. Insurance companies are in business to pay out as little in claims as possible.
Other parts of our pain and suffering calculator you need to input are:
Most people who are hurt in accidents caused by another party are entitled to having their medical bills covered. Some of the most common medical bills from car accidents and other accidents are:
- Stays in the hospital
- Stays in a rehabilitation facility
- Trips to the physical therapist
- Co-pays and any other out of pocket expenses
Your medical bills are the most common type of damages for most accidents. In a serious car crash, your medical bills will mount fast. This is true in a car accident with permanent disability. For those who need life long care, medical bills can run in to the hundreds of thousands or even millions of dollars.
When you add up your medical bills, remember to include every expense you paid for your medical treatments, including co-pays and anything else out of pocket.
Remember accident victims often must turn over some of their settlement to their health insurance provider. It is common for one’s health insurance company to foot the medical bills during settlement negotiations. Once the settlement is paid, you must pay back the health insurance company. Your personal injury lawyer can assist you with setting up a medical lien so that the health insurance company is paid promptly upon settlement. This is a critical service that attorneys provide; the last thing you need with a serious, life-changing injury is to have insurance companies calling asking for payment.
If you were in a car accident, your vehicle has some type of damages that you should include in our calculator. Your property damages include what it will cost to bring your vehicle back to its condition just before the accident. Or, the car may be a total loss. Paperwork provided by your auto insurance provider or collision company can help with this figure.
Receiving pay for the income you lost from the accident is also an important part of your damages. Your lost wages include the money you lost for work that you could not do because of the accident. It also should include the pay you lost for getting medical treatments. If you needed to take your sick or vacation days for medical treatments, you are entitled to compensation for that as well.
Contact a Qualified Attorney For More Information
The above pain and suffering compensation calculator is only for instructional purposes. It does not constitute legal advice. It is very important to contact a qualified personal injury attorney so that you can get a more exact idea of what you are entitled to for your pain and suffering.