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– Hi, this is John Kelly
from the Kelly Law Team. I want to talk to you
about pain and suffering. This is something
that is very important to your personal injury claim and I think that
there’s some ways that you can get
more compensation for pain and suffering. It’s kind of an area of the law that a lot of people talk about, their monetary losses
with an injury case. There’s another aspect to it. It’s the non-monetary loss, the pain and suffering and how to calculate that. How do insurance
companies look at it? So a person that injures you is required to compensate you, for not only your
economic damages. Now economic damage
is the actual money that you’re out of
because of the accident. And that would include
your medical bills, your lost wages, future costs for
medical expenses, those kind of things. But they’re also required
under Arizona law to pay for your
pain and suffering and it’s a very broad subject, includes a lot of things and there’s some
things that you can do to make sure that you’re
hitting all the points to the insurance adjuster to make sure that you’re
getting compensation for these things. Even if you don’t have a lawyer, there’s easy things you can do to really focus your attention on the non-economic damages, the pain and suffering, so that you get
more compensation. One of these things is pain. Another is discomfort,
suffering, anxiety,
disfigurement, loss of love, loss of careness, a whole list of things
that you can hit on, and I think what you should do is do these things that I’m
going to talk about, here, to make sure that
your bolstering the
amount that you get. One of those things is
actually just taking notes. Write down the amount
of suffering and pain that you’ve been at. So, let’s talk about pain. Pain is a very hard
thing to kind of, articulate, to someone else, unless you have, kind
of, some proof of it, or notes about it, about
what kind of pain you’re in. So maybe what you
do is you take notes about your daily pain levels, and you find out,
after the accident that happened in June, you know, for the
next five months, I had pain about
80% of the time, and it was at a level
of seven to eight, or maybe it improved over time and you can kind of
calculate how it’s improved. But you want to write those
things down and document them. You can also have, and I’ll talk about this,
with all the categories, but you can have witnesses. So maybe your spouse or your
brother, or your sister, can take notes about
what they’ve seen
you’ve gone through, and the pain levels
that you’re in. Another category in pain
and suffering is discomfort. So what kind of lack
of sleep have you had? It hurts now to stand. It hurts now to play tennis
that you used to play everyday. Can you get someone to
document that for you. You first would want to
take some notes about it, maybe you take some
photographs of yourself no longer playing tennis, and have some
photographs of yourself playing tennis beforehand. So that you can show
that kind of discomfort is now a little bit
more articulated and a little bit more solid
for the adjuster to look at. We talk about, in pain and
suffering, also disability, and that kind of goes
along with the discomfort. You’re no longer
able to do things that you used to be able to do. You can no longer cook, when
you used to want to cook. You can no longer go for runs. You don’t have the
same range of motion. Can you take a
video of yourself, trying to do the
range of motions that you used to be able to do. Do you have previous video
of yourself doing something, like playing basketball,
that you no longer could do? You can show that. One of the categories
is anxiety, and anxiety’s, I think, a big
one that is missed out on, and that would include
things like depression. You know, a lot of people after, especially any kind of
really traumatic event, have a certain
amount of anxiety, have a certain
amount of depression. Their loved ones know about it and they should be
compensated for that. So, how do you get that
information to an adjuster? Well, if you’re on medications
because of the anxiety, that’s something that you
can provide them with, the records of the medications. If you’ve seen a professional, which I suggest that you do, if you’re having any kind of
serious anxiety and depression. They’ll take notes, so you
want to get those records and the notes, of
your treatment, and maybe there’s a diagnosis
of post-traumatic stress. You want to make sure
you get that in line and in to the adjuster. General anxiety can
also, witness statements, you know your spouse
can take notes about how you’re going through
a time of depression, and here are the symptoms
that your spouse is noticing. So those are things
that you can do to really bolster
that part of it, and a lot of people no-longer, if they have an auto
accident, want to drive. So you might have a witness,
your friends or family members, that can write
statements about how you no longer drive anymore, and avoid certain areas of
town, because of the accident, which is something
that’s kind of common. Another thing is disfigurement. So if you have any
kind of scarring. This isn’t a medical expense, that you typically
have out of pocket, but disfigurement, kind of goes along with
a few other things too, but you want to document that. So if there’s a burn
mark that you have, or you have a scar, you want to make sure you get a high resolution photo
of that, in good lighting. So that you can provide that and show the scar and how
the healing process is, and maybe even taka pictures
of it, as it’s healing up, to show that, it did heal some, but look this is a
year after the accident and it’s still a scar. So that’s something
that it very important, especially things like scars
on areas that are exposed when you have just
regular clothes on. So if there’s a facial scar
or something like that, you really want to document
that, as best as you can. Other things in
pain and suffering, would include embarrassment, so that kind of goes
along with the scarring. You can talk about
how you’re embarrassed to go out in public or maybe you’re not as good
with other people anymore and you’re self-conscious
about your appearance. Those are things that you
need to do your best to document, have people
help you do that. The other things in
pain and suffering that you want to talk
about, if you can, to get the compensation, are things like loss
of affection, loss
of companionship. Relationships get
hurt, because of this, and you want to really
articulate those. Those things are all things
that the insurance company must compensate you for. And if you end up in trial, and you’re talking to a jury, what I would do is
I would go through each and every one of
these individually, and talk about how it’s
effected your life, and the time frame. How long were you
embarrassed about this scar? Is this something you’re
still embarrassed about, or is it something that
got improved over time? What about your
anxiety for driving? How long did that happen? How many months? What level of
anxiety did you have? What kind of treatment did you
have for it, or medications? So you really want to
be pretty meticulous about going through
all of these. And this is what good personal
injury attorneys are doing, is making sure that we’re
really methodical about building up these
non-economic damages. And this is the way that people are getting large jury verdicts, is making sure that
the jurors understand what you’ve gone through, and
then compensate you for it. So, but you must
prove these elements. These are things that you
kind of have the burden, or you have the
first motion on this. You have to prove these things
to the insurance company or to a jury. So you want to
try to get photos. If you can get doctors involved, to document your
anxieties and depression, and that kind of thing. Journal your progress,
list of your medications, you may need experts
to diagnose you for more complicated things, but these non-economic damages, can actually be way more
than your economic damages. You may only have ten
thousand in medical expenses, but your non economic damages, may be hundreds of
thousands of dollars. I’ve seen that plenty of times. So you need to do your
best to build those up. Forget the regular calculations
that you see online, about your medical expenses and how many times more
that you can expect. Medical expenses are
one aspect of it. Your lost wages are
one aspect of it. Your non-economic damages,
that’s a whole separate issue, and we need to talk about that and build those up
as much as possible, to insurance adjusters so that we can get
compensation for that. To hear about what kind of non-economic damages
you can expect, you can call an attorney. Attorneys deal with
these everyday. They can give you an
expectation of what to expect. They can kind of tell
you, in their experience, what precedent has been
set, from other settlements, that kind of thing. Most attorneys will give
you a free consultation. If you want to
call my law office, it’s the Kelly Law Team. And my number is 602-283-4122. I’d be happy to kind
of walk you through it, and determine what kind of
expectations you should have, moving forward in your claim. Thank you.

24 thoughts on “How to Calculate Pain and Suffering – Personal Injury Lawyer Answers your Questions

  1. I was hit by a car walking in a bike lane, the lady who hit me wasn't paying attention I sustained a head concussion, PTSD, factured ankle, contussion on my head, contusion on my foot and permanent scarring , bone bruise on my knee and common fibula nerve dysfunion and mylgia in my leg my attorney said they only have 250,000 and my med bills are over 61,000. I have a doctor saying I can no longer go back to a normal job standing or walking. after all this is said and done I will receive pennies and I'm annoyed and don't want to be screwed. my attorney had to file suit because they didn't want to offer anything. the police report and the person who hit me clearly said its was their fault, and the insurance did say they were at fault. so now I don't know whats going to happen. I did not have med insurance or car insurance.Read more Show less Reply     1

  2. I live in WA and I was wondering if I'll get more money because my G37 coupe got totaled and I ended up going to PT and the medical bill was $9,100. Thank you.

  3. If you are bullied in school is it a personal injury complain?please anawser this because i want to be a lawyer someday and im 13yrs old but im already studying personal injury that kind of stuff

  4. I was involved in a hit and run accident in Colorado just last week. The person was caught and is in custody, but i am finding out the vehicle involved was stolen, the vehicle was insured but this insurance doesn't want to be liable for my damages, this is still an on going investigation..but i suffered a sternum fracture, bruised heart, and sprained wrist. If this insurance declines my claim and i get a lawyer, who will i go after, the owner of the vehicle, the 20 year old driver that stole the vehicle, or the insurance declining my claim? I am not able to work because of my injuries and its effected evert aspect of my life. Anything would help, thanks.

  5. I only have a couple weeks left to file suit, I had a lawyer who withdrew on me as he felt my health issues caused the amount to be to low. I told him everything up front. He had me sign the agreement and then a couple months later withdrew for the reasons I told him.I suffered post concussive syndrome and whiplash/back stain. I have gotten the adjuster to accept proof of my injuries and also I have told them if they don't offer me 30 thousand I will file a bad faith complaint with the Insurance Board against them for how they treated me. Now no lawyer will touch it, it as my time is running out. hit an run, my own insurance. I am in negotiations with them now…on my own.

  6. I was involved in a bad car accident that was the other parties fault. My car was totalled and ive had to go to the hospital a few times + a bad strain on my right shoulder in which i cannot lift weights for about a month or two. I also had a passenger whos had issues as well. Im already almost done with getting the whole car issue complete with my own insurance but i do want to get compensated for pain and suffering. Do i need to hire a personal injury attorney or is this something that I would be able to handle myself?

  7. Can u explain something about nuisance cases ex. Dog barking, party all hours of the night, running the dog back & forth all day. I’m not resting nor my daughter.

  8. I got hit by a drunk driver awhile ago hired a driver they made it to where I was the only person who was able to claim his insurance "his drunk wife tried to also" because there was only a set allotment of money that can be payed out….he also found a payout my insurance policy had also that my insurance didn't want to say anything about I walked away with 90% more with a lawyer than I would have without one…..33.3 percent is a good cost for a sizable settlement

  9. After spinal fusion and 2 corrective surgeries I can barley move around. I was just put at 80% disabled and NY State says I need to find a job? I can hardly put my hands out in front of me. Can't sit still, can't stand for long or walk hardly any distance and I'm supposed to work? I used to work like crazy, if I could work I would. My anxiety is through the roof!

  10. hi sir, i was in car accident in which other person's fault i had appointed lawyer for injury claim, i was unable go for exams due to which my immigration to canada has been cancelled, can i ask for green card in usa ? since it wasn't my mistake and my career is wasted ..i cant get permanent residence over canada now

  11. I was involved in a car accident a week ago and am still dealing with chest pain from my seatbelt. My car was totaled and I'm a single mother of 3. I'm also an EMT so my job is very physical, because of that, I've been out of work for over a week. The feelings you go though are like a roller coaster. Other driver admitted fault but I'm still waiting on things to get moving. I've never dealt with anything like this before. I'm clueless.

  12. I call the law firm and they refused to walk me through or talk about anything as he stated on the video. Although the video was a little help.

  13. Second opinion from another physician Pennie I would recommend you get a lawyer and say ten million to take my case five for the lawyer and five for your long life of suffering behind the ignorance and stupidity of others being held accountable even did nothing for me after removing device cause accountable for denying one the no qualities of one’s own mind body and soul to be but disabled now for all of this 2015 I was found unresponsive for late stage Lyme disease treated 1998 tested positive 2007 only to end up a broken into pieces being that one place to keep me upon my feet after neurologist said keep her off and now we have to find the bed to then be not only rob of my health but my life $187,000 was when one went up against my living will take five million for you and five the lawyer is what the last second opinion had mentioned after being the one to tell me the reason you’re suffering from one having damaged the main nerve in your spinal column.running from one’s mind to quite the body whereas your body hasn’t been build for all those pain managements when one ☝️ could of had the recommended surgery that was to be immediately ASAP but not by the chin of one’s short cut you I said thank you for your heart felt suggestion but I had been calling many and not one would help me without me given $10,000 after being sick in and out the hospital with my blood illnesses and treatment at home to be going through surgery I was placed in all these others medical facilities that lied on a pain management patient and soul put on pills and then written up as a heroin users to be discharged from the last pain management for being on prescription morphrine which when I was going to withdraw when my care taker call into my primary and told him what this referred pain management had done when my primary asked for urinalysis drug screen and it wasn’t heroin was someone else’s test to have put me through a time in my life being at one’s worse and my life was placed into the hands of one’s primary’s trust to refer to a neurologist for diagnosis….hard to walk through this world and not be heard so Diagnosis primary referred me to back in 2002 to be found having compressed spinal cord needing ax to why I woke up and couldn’t stand upon my legs collapsed to the floor many times after which w once diagnosed with my mother in the room which scared her causing her to jump up and ask what are or did you do to my daughter to cause her to scream and act like she was being murdered or something no what’s wrong is having to use a long needle to stick down into the back of one’s neck to check for nerve damage and problem and this neurologist said he knew then as to one’s reaction to my neck injury which caused a great deal of pain when he said as soon as I seen You finch at first I time I had knew right then that it was your spinal cord causing the nerves to become shut off no signal to one’s brain for the natural chemicals of serotonin, endorphins, hormones and other nutrients one needs to supply the central nervous system and because the this primary denies the referral the recommendation from primary own referral to have had that nerve block test done which brought me up off that bed in the doctors office then to be told I am going to one who if you get hit from behind or fall and land the wrong way you can become paraplegic so I had to wear a collar he placed around my neck never leave home without it on ok? Yes, this is serious as to why the falls and long suffering needing to have immediate asap prep for neck surgery to repair, to fix after this same facility this physician is employed was receiving complaints from me knowing their mission now it’s affecting my hips can’t sleep after going into have what pain management said was a device Whereas I said does spirit alive in one’s mind body and soul run on machines and devices when I am not one having to use if not extremely necessary being a very spiritual being not just one’s physical mind and body but to bring balance into one’s life as One was br
    Being hurt more than one was being medically cared for from 2002 to 2015 then this other surgeon finds the issue with the neck He said Pennie you can’t have a spinal cord stimulatorr placed in your spinal when you have a compressed cord so until that gets fixed will the other do any good because we need to get those signals to be sent to one’s brain 🧠 but what use am I when now I can barely walk in tears most of the time having new physician say oh God what have they done to you… when only one survey would of took care of one’s medical diagnosis but nope didn’t listen to hear the patient and the stimulator fails cause communication failure to control one’s pain by remote when I told them no because I am headed in a way most don’t and that’s holistic because all the treatment for the Lyme disease failed all things done in necessary but they hit paid their companies to cause the heart and soul to suffer through and now they are doing nothing but putting me on my feet six days a week to be bottle fed like a infant mentadone use because of the becoming medically addicted to be sent to another place to help you and it’s not been to help me in being comfortable when another neurologist was the second opinion after having had the neck done in regards to everything else this patient has been through to be a single person living alone To have been barking 42 years now and I am most afraid to stand up and move it’s all in my hips legs feet when a different doctor went through my medical treatments didn’t need more than half of what I had been placed through by not being heard and in 2014 when the second opinion of another neurologist was there’s nothing that can be done with this patient anymore but to keep her comfortable for another doctor to take away the Valium given after neck surgery which primary wouldn’t refill and I was found unresponsive having started withdrawing from all the pain management that physician had referred me to be denied quality healthcare after I the patient had did everything they no one will help heal a body of Christ is what I found the truth to become death when I had a do not respect one’s body in my spirit I handed over my lifetime has been one ☝️ being having my life failed to have my pastor come out with having share something with one’s mind & body being alive in one’s heart and soul throughout one’s had been crucified and then two people having robbed me blind being that they thought I was
    so much much done for those to take care of one’s own mind and body to be having to get up now everyday for the office of these physicians who
    don’t listen to hear me the one who’s having to lived to go through one.born alive in the of one’s eternal being another’s body that doesn’t feel what has bed one’s love for her own body and to be one of the spirit for many to have failed her life of one’s eternal being one loving 🥰 herself only to find herself up against a world of deceit and to fail me is my God in every mind is spirit to be made forced to live this way live in the soul while living within this physical mind & body when I haven’t ever been heard ever since waking up one morning at 5:00 a.m. to use restroom and lost the use of my legs and this was 1999 which was diagnosed by a referral to the neuropathy issues in 2002 when it was actual a lot more serious being that I was diagnosed for said Lyme disease in 1998 not tested until 2007 to be called are you sitting down working in a the mental health department at the same facility where am I being being seen for quality of the eternal being not just being here for to suffer and live through the please hear my prayer for Liberty and Justice of one soul in the mind of all this agony behind failing the patient quality healthcare to let one patient down to know how bad one has been by one’s self in all of this because no one listens to hear me but other physician opinions leads me to do the same thing don’t give up Ms.Warwick almost back in a wheelchair barely being able to stand and walk being treated as if I am a child get up in your feet after 42 years of constant suffering from one’s point of view to have no one see or hear why I am walking and talking about all of this hurts to heard what they have done to me behind being denied care when it was urgent from one’s beginning 1999 to 2002 then all the way 2015 same thing with diagnosis of Lyme disease 1998 to 2007 diagnosed by then oh in late stages #2 then 3 and to find there’s no cure then why did these doctors not know that to place one through all this Hell…
    Pennie Warwick
    [email protected]

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