How do I calculate what I am entitled to for pain and suffering on a homeowner’s personal injury claim?

UPDATED: Mar 11, 2013

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How do I calculate what I am entitled to for pain and suffering on a homeowner’s personal injury claim?

Would it be 3 times medical? five times medical? I have been told several different things, not sure what to believe.

Asked on March 11, 2013 under Personal Injury, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There isn't any mathematical formula for determing compensation for pain and suffering.  Compensation for pain and suffering is determined by the medical reports which document the nature and extent of your injury.  If you have fully recovered, you would receive less compensation for pain and suffering than someone who has residual complaints of pain or someone who will require future medical treatment with the estimated cost discounted to present value.  The need for future medical treatment must be documented in the medical report.  If you have a scar or burn from the injury, you would receive more compensation for pain and suffering than someone without a scar or burn.

If you have fully recovered, I would ask for quadruple the medical bills to compensate for pain and suffering, but NOT expecting to get that.  This would be a starting point in negotiations with the homeowner's insurance carrier.  The insurance carrier will respond with a much lower offer, and you can continue negotiations to try to get the insurance company to increase its offer. 

If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit against the homeowner.  Depending on the facts which resulted in your injury, your lawsuit against the homeowner would be either for negligence or premises liability.

If the case is settled with the homeowner's insurance carrier, NO lawsuit is filed.  if the case is NOT settled, you will need to file your lawsuit against the homeowner prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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