How do you determine how much one should get in pain in suffering?

UPDATED: Jun 3, 2015

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How do you determine how much one should get in pain in suffering?

I was recently involved in a car accident. I suffered from a lot of hand pain. I was originally offered $300 but I don’t believe that is enough. It effected my dominate hand that I use for everything. It occurred while I was in college. So it was hard for me to take notes for my classes. Also, my hand continues to cramp up daily. I am not on any medication for it because I was told that ibuprofen should be enough.

Asked on June 3, 2015 under Personal Injury, Illinois


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

Answered 7 years ago | Contributor

There isn't any mathematical formula for determining compensation for pain and suffering.  The amount of compensation is determined by the information in the medical report(s) documenting the nature and extent of your injury.

The $300 you were offered is unacceptable.

It would be advisable to be examined by an orthopedist who can provide you with treatment for your hand injury.  The orthopedist may be a hand specialist or might refer you to a hand specialist.

It is premature to accept any settlement offers until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary,which means having reached a point in your medical treatment where no further improvement is anticipated.  Your personal injury claim filed with the at-fault party's insurance carrier at that time should include your medical bills, medical reports, and if applicable, documentation of wage loss.

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and as mentioned above is determined by the medical reports which document the nature and extent of your injury.  Compensation for wage loss is straight reimbursement.

If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.

If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence must be filed 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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