How to Calculate Pain and Suffering - Personal Injury Lawyer Answers your Questions
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- čas přidán 14. 06. 2024
- John Kelly explains how pain and suffering is calculated in personal injury cases as well as providing tips on how you can increase the potential value of your settlement.
If you have any questions for John, please feel free to post them in the comments section below the video.
If you are in need of a personal injury attorney, you may visit us online or call our office at anytime.
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Transcript:
- Hi, this is John Kelly from the Kelly Law Team. I want to talk to you about pain and suffering. This is something that is very important to your personal injury claim and I think that there's some ways that you can get more compensation for pain and suffering. It's kind of an area of the law that a lot of people talk about, their monetary losses with an injury case. There's another aspect to it. It's the non-monetary loss, the pain and suffering and how to calculate that. How do insurance companies look at it? So a person that injures you is required to compensate you, for not only your economic damages. Now economic damage is the actual money that you're out of because of the accident. And that would include your medical bills, your lost wages, future costs for medical expenses, those kind of things. But they're also required under Arizona law to pay for your pain and suffering and it's a very broad subject, includes a lot of things and there's some things that you can do to make sure that you're hitting all the points to the insurance adjuster to make sure that you're getting compensation for these things. Even if you don't have a lawyer, there's easy things you can do to really focus your attention on the non-economic damages, the pain and suffering, so that you get more compensation. One of these things is pain. Another is discomfort, suffering, anxiety, disfigurement, loss of love, loss of careness, a whole list of things that you can hit on, and I think what you should do is do these things that I'm going to talk about, here, to make sure that your bolstering the amount that you get. One of those things is actually just taking notes. Write down the amount of suffering and pain that you've been at. So, let's talk about pain. Pain is a very hard thing to kind of, articulate, to someone else, unless you have, kind of, some proof of it, or notes about it, about what kind of pain you're in. So maybe what you do is you take notes about your daily pain levels, and you find out, after the accident that happened in June, you know, for the next five months, I had pain about 80% of the time, and it was at a level of seven to eight, or maybe it improved over time and you can kind of calculate how it's improved. But you want to write those things down and document them. You can also have, and I'll talk about this, with all the categories, but you can have witnesses. So maybe your spouse or your brother, or your sister, can take notes about what they've seen you've gone through, and the pain levels that you're in. Another category in pain and suffering is discomfort. So what kind of lack of sleep have you had? It hurts now to stand. It hurts now to play tennis that you used to play everyday. Can you get someone to document that for you. You first would want to take some notes about it, maybe you take some photographs of yourself no longer playing tennis, and have some photographs of yourself playing tennis beforehand. So that you can show that kind of discomfort is now a little bit more articulated and a little bit more solid for the adjuster to look at. We talk about, in pain and suffering, also disability, and that kind of goes along with the discomfort. You're no longer able to do things that you used to be able to do. You can no longer cook, when you used to want to cook. You can no longer go for runs. You don't have the same range of motion. Can you take a video of yourself, trying to do the range of motions that you used to be able to do. Do you have previous video of yourself doing something, like playing basketball, that you no longer could do? - Jak na to + styl
This video makes calculating pain and suffering less painful. Well done!
My accident now has me 💯% disabled now and mediation is coming up
Ty! Great feedback. Excellent presentation.
Great video great explanation. Thanks a lot.
Great video
Good advice, thank you
Thank you!!
Best Video
this was helpful tips
This guy is good, great content👍 I never thought I would get hit by a drunk driver SMH
I've been diagnosed with degenerative disk disease my neurologist been trying to get me surgery to replace the disk in my neck since 2018 but getting the run around with the two hospital and surgeons not agreeing with the neurologist got nerve damage in both legs now. Hard to walk.
You gave lots of great advice what if im homeless after my injury because my boss fired me
This is similiar to harassment I was receiving in 2016. It was literally at my work place in the form of trash specifically positioned or of some product relating to what they were investigating me about, and the emotional turmoil and helplessness I felt in seeing it made it hard for me to concentrate at work. I was almost fired! The owner actually called me into the office and was saying he was about to fire me because of the effect the litter harassment had on me that I had no control over.
Can you contact me ASAP this is a fresh situation I'm not even healed yet. Disfigured extreme pain amputation ect. I think you will be surprised just how deep the rabbit whole is on this one. Loved the flick think you are the man for the job.
Thank you also. real talk
Glad I could help you!
Kelly Law Team can you contact me I need a lawyer asap 2134763842
@@stopthelies4249 I'll have my staff give you a call.
Ok I hope as soon as possible
I was involved in a car accident a week ago and am still dealing with chest pain from my seatbelt. My car was totaled and I'm a single mother of 3. I'm also an EMT so my job is very physical, because of that, I've been out of work for over a week. The feelings you go though are like a roller coaster. Other driver admitted fault but I'm still waiting on things to get moving. I've never dealt with anything like this before. I'm clueless.
Elizabeth Lucas I empathize with you and I hope things get better even though it will take some time. Just watching this took me back to my injury with the extreme emotional results that came from it, I had to take an anxiety pill!
Just happened to me! How was the outcome?
@@alberteinstein3078 I ended up getting a settlement to cover hospital and some of the car cost. I think my overall check was around $20k. I fought for more on the basis that I was a mother of 3 and had no car payment prior to the accident. I also stared that after medical bills, the money left over would only cover for a cheap car that would be older then the nice Toyota I had. However, in the end, I only got $20k. I hope everything works out better for you.
@@dogsarecute607 Thanks for answering. 20k is unfair for a mother of three with injury! Did you have an attorney or did you talk to the adjuster yourself?
I live in WA and I was wondering if I'll get more money because my G37 coupe got totaled and I ended up going to PT and the medical bill was $9,100. Thank you.
As long as liability has been accepted, you should be able to get the defendant's insurance to pay for the value of your vehicle and get your medical bills reimbursed and extra for pain and suffering. You may want to call an attorney for a more detailed evaluation.
Any One Who had Car Accident contact with me For Compensation money
.....923489448557 whatsapp
All claim Management
I got in an accident about a year and 3/4 months. Four car crash involving Fedex and police sheriff then me and I tapped someone in front of me on the highway. Went to hospital on ambulance, had 1 year plus of physical therapy, micro discesctomy, rhizotomy, and stem cell injection neck and back. All other insurance tendered their max pip benefits, policy limit etc. Fedex has been denying claim even tho he did hit me behind. My lawyer stated he just sent court documents to head into trial to Fedex. What is the process just wanna ask just to make sure? I do take prescriptions about 4-5 due to accident. What’s my potential outcome
If you are bullied in school is it a personal injury complain?please anawser this because i want to be a lawyer someday and im 13yrs old but im already studying personal injury that kind of stuff
Bullying can absolutely amount to a personal injury claim. Whether you have a case where it is practical to pursue is a question that you would need to consult with an attorney about the specifics. I wish you the best in your path to becoming a lawyer!!
Can u explain something about nuisance cases ex. Dog barking, party all hours of the night, running the dog back & forth all day. I’m not resting nor my daughter.
Call the cops?
hello my name is Jerome I was at a cirkel k and I was punch in the face by the cashier do I have a case .
I was involved in a bad car accident that was the other parties fault. My car was totalled and ive had to go to the hospital a few times + a bad strain on my right shoulder in which i cannot lift weights for about a month or two. I also had a passenger whos had issues as well. Im already almost done with getting the whole car issue complete with my own insurance but i do want to get compensated for pain and suffering. Do i need to hire a personal injury attorney or is this something that I would be able to handle myself?
You can always try to handle this claim yourself, however because you've had hospital visits you will need to consider what amount you may need to pay back your health insurance and the hospital. I would say that you should at least consult with an attorney to get an idea of where you stand. Most personal injury attorneys including myself will give you a free consultation.
brother we Can Handle your Case.if you Want
I am solicter....Just reply me.
Hi if I was a passenger in car and got rear ended while driving on the highway by a driver going 80mph and we were going 55..I got diagnosed with concussion and whiplash my ER visit was $7000 I didn't hire and lawyer this was 5 months ago and couldn't find a neurologist with my insurance which is medicaid. Is it reasonable and do you think I can get $14000 to pay my ER visit and get $7000 for pain and suffering? The adjuster is now getting my records to offer me a settlement . I told her I will not settle for less than $14000. Thank you for your advice
@Energy Healer That’s exactly what I settled for!
I only have a couple weeks left to file suit, I had a lawyer who withdrew on me as he felt my health issues caused the amount to be to low. I told him everything up front. He had me sign the agreement and then a couple months later withdrew for the reasons I told him.I suffered post concussive syndrome and whiplash/back stain. I have gotten the adjuster to accept proof of my injuries and also I have told them if they don't offer me 30 thousand I will file a bad faith complaint with the Insurance Board against them for how they treated me. Now no lawyer will touch it, it as my time is running out. hit an run, my own insurance. I am in negotiations with them now...on my own.
Any One Who had Car Accident contact with me For Compensation money
.....923489448557
All claim Management
I'm in the same boat how was the outcome?
Should I get a Lawyer if me and the person that hit me have the same insurance company.?
Great question. The answer is that you should get an attorney if you were planning on getting a lawyer based on other factors (seriousness of the accident, medical lien negotiation, demand preparation, litigation needs, settlement negotiations). The fact that you have the same insurance company will not protect you from potentially becoming adverse to your own insurance company. If you do file a lawsuit, you will be suing the other party and it would include your insurance company as a defendant. Remember, even if the other party had no insurance, you may still be adverse to your own insurance company when filing an underinsured or uninsured claim.
Thank you sir. I am learning every day. Due to my impaired and suffering for 12 year caretaker cousin of my both deseced parents property. Is the owner I have a trust account she won't give me my trust account number
What if the policy is limited and barely covers my medical expenses, does it stop there?
Thank you for this question! The answer is that it sometimes stops with the policy limits. Keep in mind, that you may have benefits in your own auto policy that would give you more funds when the policy limits of the 3rd party have been extinguished. For instance, you may have underinsured motorists coverage, medical payments money, or sometimes other benefits. You will want to request a copy of your declaration page from your insurance provider to review your benefits. Secondly, there are times when the party that injured you will have other insurance policies that may cover your damages. You will need to find out this information from the adverse insurance company and may also want to get a signed statement from the insured that states any other insurance policy that may apply that they have. Finally, there are times when it makes sense to pursue the party individually and get a judgement against them. This amount can be well above the amount of insurance they carry. To explore these options, you will want to consult with an attorney in your area.
Thank you for your help. I will contact my attorney.
Hi
I got hit by a drunk driver awhile ago hired a driver they made it to where I was the only person who was able to claim his insurance "his drunk wife tried to also" because there was only a set allotment of money that can be payed out....he also found a payout my insurance policy had also that my insurance didn't want to say anything about I walked away with 90% more with a lawyer than I would have without one.....33.3 percent is a good cost for a sizable settlement
Good to hear Nick. I find that the more serious the injury, the more likely an attorney will be critical in getting a sizable recovery.
I was involved in a hit and run accident in Colorado just last week. The person was caught and is in custody, but i am finding out the vehicle involved was stolen, the vehicle was insured but this insurance doesn't want to be liable for my damages, this is still an on going investigation..but i suffered a sternum fracture, bruised heart, and sprained wrist. If this insurance declines my claim and i get a lawyer, who will i go after, the owner of the vehicle, the 20 year old driver that stole the vehicle, or the insurance declining my claim? I am not able to work because of my injuries and its effected evert aspect of my life. Anything would help, thanks.
There are several possibilities of recovery in this situation. You will need a lawyer to review the policy that was attached to the vehicle. It is possible that you will be able to recover from that policy, however there may be a provision that precludes coverage if the vehicle is stolen. It takes an attorney to review the language. Second, the person who stole the vehicle may have a vehicle policy that could come into play. Also, you can sue the person who stole the vehicle and get a judgement against them, however this often is not productive if that person has no assets to go after. Finally, you will want to see if your own auto policy has coverage for you in the form of uninsured or underinsured coverage. I would suggest hiring a lawyer to review all possible insurance policies. You may want to get the police report for the lawyer to have all the information.
This is much appreciated, thanks for your quick response!
hi sir, i was in car accident in which other person's fault i had appointed lawyer for injury claim, i was unable go for exams due to which my immigration to canada has been cancelled, can i ask for green card in usa ? since it wasn't my mistake and my career is wasted ..i cant get permanent residence over canada now
Your unfortunate situation falls primarily under immigration law. I do not focus on this area of law and would need to advise you to find an immigration attorney to work along with your personal injury lawyer to help you find a solution.
Can you sue a government agency for pain and suffering? I am not a target of an investigation , never received a letter, but for years, talking already 6 now documented I've been harassed with online ads and bullied with trash
starting with an occurrence where I hung out with a suspected gang member back in 2013, but statute of limitations state they can't harrass anymore, well it still continues, and I want to be compensated for it, since they caused strife in my career and personal life without warrant. If a case does materialize I'm going after the gov for years of pain and suffering caused by their abuse and neglect to follow procedures. It's unprofessional and a victim should be compensated. They definitely prevented me from advancement in life and held no regard to my ptsd from military experiences in which the sergeants were prosecuted but I wasn't awarded any kind of treatment to get over the abuse inflicted upon me by their actions.
I call the law firm and they refused to walk me through or talk about anything as he stated on the video. Although the video was a little help.
That sucks!
my granpa hot hurt to
I was hit by a car walking in a bike lane, the lady who hit me wasn't paying attention I sustained a head concussion, PTSD, factured ankle, contussion on my head, contusion on my foot and permanent scarring , bone bruise on my knee and common fibula nerve dysfunion and mylgia in my leg my attorney said they only have 250,000 and my med bills are over 61,000. I have a doctor saying I can no longer go back to a normal job standing or walking. after all this is said and done I will receive pennies and I'm annoyed and don't want to be screwed. my attorney had to file suit because they didn't want to offer anything. the police report and the person who hit me clearly said its was their fault, and the insurance did say they were at fault. so now I don't know whats going to happen. I did not have med insurance or car insurance.Read more Show less Reply 1
Any One Who had Car Accident contact with me For Compensation money
.....923489448557
All claim Management
Kelly Law Team ? ? can a citizen sue a street gang who cause injury ? who pays for that victim medical bills, pain and suffering, rent or Mortgage, lost of wages, credit card, utility bills, etc. ?
Think of it like being in a car accident, that's cause by somebody else and you getting injured but except you getting jumped or shot by a street gang and end up in the same place as a car accident victim, "the hospital".
I wish you were my attorney I'm in bed rest
2800 miles from home, truck and load of tools stolen . Insurance is a crock of stink. It is only a pass to travel like everything else to make a buck off a peasant. I told wife if she don't handle the paperwork I'm done. It ain't worth the hassle three wrecks in 6 months all someone's else's fault. As a 60 year old male I was scared for weeks to go down the road. Now I have another truck stolen. It's a joke. The price of a new one is to stressful so I started putting new engine, transmission and rear end in this last one. Still doesn't pay off with idiots on the street. Sure enough it is beaters all the way or horses, or my husky pulling me. A peasant will not get ahead no matter how hard you try.