Legal Question in Personal Injury in California
How do account for Pain/Suffering/Emotional Stress
My finger was broken in a automated door of our mini-van. It didn't reverse as it was supposed to. I'm 8 months pregnant, and this has been very stressful in addition to painful and extensive in medical procedures. Additionally, my 5 yr. old witnessed everything and has had a very negitive emotional epxerience. The manufacturer adjustor asked ''What do you want?''.... how do we price the pain, suffering, and emotional stress of this for me and my 5 year old?
5 Answers from Attorneys
Re: How do account for Pain/Suffering/Emotional Stress
At this time, it is probably to early to tell you the valuation of the case. And if anyone tells you that they know the value of the case, they are just wrong. You may want to look at a few resources, including my blog, www.calpiblog.com where I discuss this and my free reports available by email that will give you advice on personal injury cases.
Re: How do account for Pain/Suffering/Emotional Stress
I hate to put in a plug for the legal profession but . . . Usually an injured party will not receive a decent settlement without having a lawyer on his or her side. Insurance companies know that they can take advantage of the injured party, especially being pregnant and all since the party usually will want to make the anxiety over the matter go away. Let an attorney at least evaluate your case by bringing your medical records and billings.
Re: How do account for Pain/Suffering/Emotional Stress
You shouldn't settle the case until the unborn baby is born and see if the accident itself or any necessary procedure operation, X-rays and etc.) had any negative impact on the baby. Contact my office at 213.388.7070 for a free consultation to discuss how pain and suffering is generally negotiated
Re: How do account for Pain/Suffering/Emotional Stress
Don't mess around. I will will give you a free consultation. I have done these types of cases before.
You can reach me at www.thepersonalinjury.com or at 818.739.1544 ext. 10
Re: How do account for Pain/Suffering/Emotional Stress
There are several factors which determines case value. First, how much did you spend in medical costs? Secondly, will there be any future medical costs? Thirdly, what other types of financial (Economical) losses were there? e.g. Lost time from work, etc. Next, will there be any limitations as a result of your injured finger? Finally, pain and suffering.
You must remember that if a lawyer gives you an estimate of your case value, RUN! Even knowing all the above factors and knownig how to calculate them, it remains unethical to give case values to clients. Even with knowing how to figure out case value, it remains impossible to perdict an outcome.
If you would like a free consultation, please feel free to contact my office.
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