Legal Question in Personal Injury in California
Personal Injury
Is the pain and suffering portion of a personal injury settlement calculated on 3x the medical costs? (I was a passenger in a vehicle struck by another driver so we have no property damage.)
4 Answers from Attorneys
Re: Personal Injury
No, there is no "rule of thumb" to calculate that amount.
Re: Personal Injury
Settlements are negotiated, not calculated. In those negotiations (as in jury deliberations when these cases go to trial), the figure for pain and suffering is based upon what the plaintiff has endured and/or will endure in the future. This has little, if anything, to do with the cost of treatment.
Some patients suffer a great deal but don't need expensive treatment. Others need very costly treatment but don't experience much suffering. The system you describe would be irrational because it would ignore the actual pain and suffering the plaintiff endured when determining how much to compensate her for it.
Re: Personal Injury
No, the insurance companies don't use multiples--the P&S is a factor of the impact, trauma, injuries, bills, wage loss, disability, residuals, etc. If you have a decent size case, you should get a professional opinion.
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