Legal Question in Personal Injury in North Carolina

Re: pain and suffering negotiations

The amount for pain is very subjective, and very difficult to determine. An old "rule of thumb" was 3 times the medical bills. This is still used sometimes, but most insurance companies will disavow this method. It really depends on the nature of the injuries. E.g., are they permanent, are they disabling, or do they restrict your work or activities of daily living (ADL). As a general matter 2 to 5 times the medicals is a decent ball park figure, with the caveat that there are exceptional cases on both sides. It is possible to have little medical bills, but a lot of pain; and it is possible to have little pain and incur a lot of medical bills. The insurance company will assess your credibility, the severity of the accident, and the nature of treatment (e.g. chiropractic is less valued).