How do I calculate what I am entitled to for pain and suffering on a homeowner’s personal injury claim?
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How do I calculate what I am entitled to for pain and suffering on a homeowner’s personal injury claim?
Would it be 3 times medical? five times medical? I have been told several different things, not sure what to believe.
Asked on March 11, 2013 under Personal Injury, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
There isn't any mathematical formula for determing compensation for pain and suffering. Compensation for pain and suffering is determined by the medical reports which document the nature and extent of your injury. If you have fully recovered, you would receive less compensation for pain and suffering than someone who has residual complaints of pain or someone who will require future medical treatment with the estimated cost discounted to present value. The need for future medical treatment must be documented in the medical report. If you have a scar or burn from the injury, you would receive more compensation for pain and suffering than someone without a scar or burn.
If you have fully recovered, I would ask for quadruple the medical bills to compensate for pain and suffering, but NOT expecting to get that. This would be a starting point in negotiations with the homeowner's insurance carrier. The insurance carrier will respond with a much lower offer, and you can continue negotiations to try to get the insurance company to increase its offer.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit against the homeowner. Depending on the facts which resulted in your injury, your lawsuit against the homeowner would be either for negligence or premises liability.
If the case is settled with the homeowner's insurance carrier, NO lawsuit is filed. if the case is NOT settled, you will need to file your lawsuit against the homeowner prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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