Rear-ended, anyone know the calculations for pain and suffering?

I am a claims adjuster (insert boos here),but not in the state of WA.

In every state that I have ever handled auto claims in, it is illegal for a company to base an injury offer on any type of formula. Some lawyers will tell it is 3 x your medical bills, but that is illegal and only a really dumb adjuster would try that.

The offer will be based on the injury, type of treatment, how long the treatment lasted, lost wages and how much in bills you have.

Let the company give you an offer, you've been through this before so you'll have a gut feeling if they are in the right ballpark. If they are then negotiate, if not hire a lawyer.

BTW the person who said you have 30 days to sue is waaay off. In WA you have 3 years from the date of the accident to settle or file a lawsuit.

Just so you know, your previous injury MAY cause some problems with your new claim. Especially, if the new injury is in the same area of your neck or back.

Good Luck

Pain And Suffering Settlement Calculator

Pain And Suffering Calculator

7 years ago I've been involved in a car wreck and even since suffered with severe on and off facial and jaw pain. I've tried almost everything western medicine had to offer and had visited countless of specialist, had done ct scans, and therapies but to no avail. The doctors I have been to had persisted that there wasn't anything wrong with me and that almost drove me crazy as I was going through hell from this condition. According to all my symptoms I was diagnosed by a holistic doctor as having TMJ and he had recommended this book to me. After following the recommendation in the book for several weeks, it had changed my life. I got immediate relief after following the unique set of exercises in the book and after 2 weeks the jaw and face pain had completely gone. I only wish I would have ordered this program years ago. It would have saved me a lot of pain and anguish.

Fighting Saints is right. One thing to remember is that you (or your lawyer if you get one) will have to show the insurance company documentation that you were re-injured. They may also want to see the records from your first injury. Keep in mind that they only owe you for the aggravation, not for the original injury, so you will probably not get nearly as much as you did the first time around.

If you sat through a jury trial, you must have listened to your lawyer ask the jury to take various factors into consideration when giving you an award. The insurance company takes the same factors into consideration, but usually puts a lower value on them. Being adjusters, they've heard it all before.

First of all, if you hire a lawyer you will lose over 30% of your settlement to him/her/it no matter how much the insurer pays. Despite popular belief lawyers CANNOT get you tens of thousands of dollars by getting 'tough' with the insurance companies. Most of these scum never see the inside of a court room -- they simply drag out the settlement process until the last minute then settle (many times only hours before the court date) with the insurance company for peanuts over and above what the original offer was to begin with. Remember, a claim is only worth what it's worth and no one is afraid of a lawyer -- insurance companies have armies of lawyers on staff and if they get backed into a corner they will litigate a claim for years if need be.

There's no automatic calculation for pain and suffering. In some states, you can't collect it at all - in others, you have to have serious injuries.

In your case, you're looking at, what, $2,000 in damage to your car, and nothing but whiplash. Soft tissue injury. The exisiting permanent injury from he other accident isn't his fault.

You don't mention what your medical bills were - but I think if they offer you $1,000, you should take it and run. I don't think they'll offer that much, though.

My wife was injured in an car accident (she was walking). We spoke to the lawyer and because it was just 1 month ago, we do not yet know the FULL extent of the PAIN and SUFFERING.

Just know that you most likely only have about 30 days to file you lawsuit. After the 30 days you are out of luck (unless you were in a coma).

As the time passes, you will know more about how much pain and suffering you are in. Some people will get better within weeks and months. Other people will not. Only time will tell - at the time of trial OR arbitration, etc.

Good Luck...

There are no standard calculations for so called "pain and suffering". If you ask for it, each case is heard on its own merit. Your best source of information would be your own insurance agent.

talk to a lawer, there is no cut and dried calculation, the insurance Co. will try to lowball you.