How Much Pain and Suffering Money Should I Expect from a Personal Injury Settlement?

April 29, 2013
Abrams Landau Injury Law
The Herndon Virginia personal injury team at ABRAMS LANDAU does not apply a formula to our disabled personal injury clients' cases; each case, like each person, is unique.

The Herndon Virginia personal injury team at ABRAMS LANDAU does not apply a formula to our disabled personal injury clients’ cases; each case, like each person, is unique.

Car crash injury victims often call Abrams Landau to ask for the formula to put a price on their pain and suffering.  Some callers believe that pain and suffering is always calculated as 3 times (or 2 times, or 5 times, how about ‘Pi’ 3.14159 !!!) the cost of the victim’s medical bills.  Although it is natural to want a simple, easy way to figure it out, there is no formula, according to Herndon personal injury attorney Doug Landau.

“If there were a formula,” says Doug, “then every case would be run through a computer, and the number spit out the other end would be the amount awarded the injured victim — no ifs, ands, or buts.”

But every case is different.

For example, in cases where the injured victim is pregnant and the drugstore doctors’ bills are very low (because the client cannot be X-rayed, take strong pain medications, etc.), it is possible to recover many times the amount of the artificially low medical expenses (called “Special Damages”).

In other cases, unethical lawyers may send injured clients to shady doctors where the bills are artificially inflated for “palliative care,” and the case ends up being settled for less than the “Special Damages”.

Still other cases involving significant, long-lasting pain and suffering — like cases where the victim is severely burned, or those where the victim has sustained permanent injury to a weight-bearing body part (i.e., a crushed foot will be a constant, painful reminder as opposed to a cut to the scalp) — may result in a higher award.

Every case is unique.  Depending upon the jurisdiction, the following may all be considered in a jury’s verdict or a trial judge’s judgment:

  • Physical pain
  • Emotional distress
  • Inconvenience
  • Hedonic damages (loss of enjoyment of life)
  • Loss of consortium (loss of familial — often spousal — relationships)
  • Mental suffering

Only by discussing the details of a case with a licensed, experienced personal injury lawyer — one who actually tries cases in court — can a person understand the process and get a fair result.  If you or someone you know has been injured due to no fault of your own, and there are questions as to what laws apply, email or call Abrams Landau at once (703-796-9555).

 

 

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