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02-01-2008, 01:12 PM
| | Member | | Join Date: Oct 2004
Posts: 54
| | | What related to the calculation of the compensation for pain suffering?
What is the name of your state?AL
Hi, the property loss should be unrelated with the calculation of the pain suffering, right? I wonder whether the earning loss can be included in the calculation of the pain suffering due to the car accident or only the medical costs can be done?
Last edited by compiler; 02-01-2008 at 01:14 PM.
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02-01-2008, 01:16 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | Quote:
Originally Posted by compiler  What is the name of your state?AL
Hi, the property loss should be unrelated with the calculation of the pain suffering, right? I wonder whether the earning loss can be included in the calculation of the pain suffering due to the car accident or only the medical costs can be done? | [url]http://forum.freeadvice.com/showthread.php?t=382987[/url]
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02-01-2008, 01:50 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,775
| | | Lost wages are considered separately from medical bills and pain and suffering. Pain and suffering is subjective, lost wages can be proven. |
02-03-2008, 11:23 AM
| | Member | | Join Date: Oct 2004
Posts: 54
| | | Hi, you said, “Lost wages are considered separately from medical bills and pain and suffering.” But, you also said, “Pain and suffering is subjective, lost wages can be proven.” It’s hard to understand what you mean. The lost wage is related to the calculation of the pain suffering or not and why? ? Is there any expert can explain what kind of loss can be considered in the calculation of the pain suffering due to the car accident? |
02-03-2008, 11:41 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,775
| | | Lost wages can be objectively calculated. You provide a pay stub to show how much money you make. You get documentation of how many days you missed due to the accident. A little math and you have the number.
Pain and suffering is a different matter entirely and there is generally no formula for calculating it. |
02-03-2008, 11:58 AM
| | Senior Member | | Join Date: Jul 2007
Posts: 2,337
| | | It is difficult to put a dollar amount on "pain and suffering" but it is true that one can use the severity of the injuries (via the medical records of treatment and cost of medical treatment) to help assess the amount of physical pain and suffering that a person endured as a result of the injuries. One considers the type of injuries received and whether the injuries produced mild or intense pain and the duration of the pain.
The inability to sleep, inability to enjoy life's daily activities as one did prior to the injury, stress caused by the physical and possibly financial difficulties as a result of the negligence of the at-fault party, and other intangibles may factor into emotional pain & suffering.
I don't know of any calculator that uses monetary damages to put a dollar amount on pain & suffering.
I am not aware of any state that allows pain & sufering recovery based on property loss; however, I am not a lawyer. |
02-04-2008, 03:11 PM
| | Member | | Join Date: Oct 2004
Posts: 54
| | | You are right. The medical records and bills can be used to determine the severity of the injuries. But, how about the loss of the earning? The property loss should be unrelated. Assuming the pain suffering can be multiplied the damages by 2, 3…or 5 as the pain suffering, should the damages include the loss of earning or medical bills only? What does it make sense, only the medical bills or both of the medical bills and loss of earning?
Last edited by compiler; 02-07-2008 at 11:51 AM.
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