Legal Question in Personal Injury in Indiana

Pain & Suffering

How do you determine how much to ask for to compensate for Pain & Suffering?

Asked on 3/04/07, 10:52 am

3 Answers from Attorneys

Voyle A. Glover Attorney at Law

Re: Pain & Suffering

Pain and Suffering are only one part of the overall demand made in a personal injury claim. The amount of your demand is going to depend on many different facts, including the nature of the injury, the severity, whether or not it is permanent, and there could be other factors as well. It can be a very fact sensitive question.

There is no set amount, nor a formula per se. Years ago, there was a kind of general rule of 3 times the medical bills (specials), but that rule is pretty much gone by the wayside and seldom used any more.

Discuss it with your attorney. He or she should be able to tell you what the ranges might be for the kind of injury you have suffered.

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Answered on 3/06/07, 12:48 pm
Samuel Hasler Samuel Hasler

Re: Pain & Suffering

There is no concrete rule on this. We lawyers generally use a multiplier of 3 but that is just custom and not any law. The insurance companies are free to disregard any number you put forward for pain and suffering.

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Answered on 3/04/07, 12:19 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Pain & Suffering

In the old days, there used to be a general formula of 3 x specials. That was a very inaccurate and now obsolete practice.

There are a number of different factors that are looked at, including the extent and nature of the injury, the amount of medication, the type of medication, the types of activities you particiapated in before your injury, the quality of your life now as opposed to before. Whether medicine can return you to 100% or just help with the symptoms. These are just a few of the factors that an experienced personal injury lawyer looks at in addition to comparisons of this case with other similar cases.

I hope that this helps you.

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Answered on 3/04/07, 12:44 pm

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