Is pain and suffering calculated on my out of pocket medical expenses or are they calculated on the medical expenses before insurance coverage.

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Is pain and suffering calculated on my out of pocket medical expenses or are they calculated on the medical expenses before insurance coverage.

I am confused because from what i read it is calculated on out of pocket expenses, if that is the case a person with good insurance coverage would get less pain and suffering than those with none or less?

Asked on November 5, 2013 under Personal Injury, North Carolina

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

There are no hard-and-fast rules for calculating pain and suffering damages based on medical expenses.  One rule of thumb some personal injury attornies use is 2X-3X actual medical expenses billed.  However, if someone has a permanent injury, for example, pain and suffering could be much more than that.  If pain and suffering was minor, it could be less.  Also, getting a personal injury attorney involved generally increases the amount of recovery in a settlement by more than the percentage taken by the attorney.


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