How do I calculate a pain and suffering claim resulting from a car accident? 8 Answers as of May 01, 2013

I was in an accident that was caused by a driver without lights on. Her insurance company has given us a liability claim offer that I think is too low. What is the best way to calculate an amount that is fair to both sides?

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Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Their side is always ridiculously low. That's their job to save their profits. If you don't get a reasonable amount, an attorney is necessary to fight for what is just.
Answer Applies to: Michigan
Replied: 5/1/2013
Hone Law Firm
Hone Law Firm | John S. Hone
There is no standard way of calculating pain and suffering. The factors to consider, are: 1) What is your injury; and, 2) what are the policy limits of the negligent driver. The first thing I ask a client is what is your injury. Remarkably, few know. An injury is not "my back hurts". An injury is what causes your back to hurt, a herniated disc, etc. It is in your best interests to consult with a lawyer regarding your case.
Answer Applies to: Michigan
Replied: 5/1/2013
Mark A. Manning, PC. | Mark A. Manning
I would obtain the services of a competent personal injury lawyer. The reasonable settlement value of a personal injury claim depends upon a number of factors which are too numerous to outline here. Suffice it to say, pain and suffering may be short term, long term or life long depending upon the nature of the injury. In evaluating personal injury claims a competent attorney will utilize his skill and background in the area and jurisdiction where the injury occurred. He will evaluate the nature and complexity of the injury and its treatment as well as the prognosis for recovery He will also review the settlement or judgments of similar cases.
Answer Applies to: Michigan
Replied: 4/30/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
It is worth what you can prove to a jury.
Answer Applies to: Michigan
Replied: 4/30/2013
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
I would see if you can access my multiple prior answers to exactly this question of the value of a case. I think there is helpful information there. In short, there really is no formula. However, sometimes insurance adjusters add up the quantifiable economic losses (ie: wage loss, medical bills, out of pocket expenses, etc.) and multiply the total of same by a factor (ie: 2 or 3 or 5 or whatever). There is also the issue of the amount of liability coverage.
Answer Applies to: Michigan
Replied: 4/30/2013
    Downriver Injury and Auto Law | Michael Heilmann
    Damages are dependent on residual damage. An insurance company will NEVER give you a fair offer. They aren't supposed to. Hire a lawyer to help you. We earn our fee.
    Answer Applies to: Michigan
    Replied: 4/30/2013
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    You should talk to a lawyer about your case. Making a liability assessment cannot be done via email.
    Answer Applies to: Michigan
    Replied: 4/29/2013
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