The more evidence you have to prove your level of pain and emotional distress, the higher the adjuster’s offer will be. Your ability to persuade him of the severity and duration of your pain and suffering can also play a role. Guided by experience, computer input, evidence, and your persuasive abilities, the adjuster will come up with an amount he feels is justified.

Very severe mental pain and suffering can qualify as acute stress disorder or even post-traumatic stress disorder (PTSD). You may have thought that PTSD only affects soldiers or crime victims, but it can affect medical malpractice victims as well. Some people keep replaying all of the bad things that happened to them over and over in their head, and it can become very debilitating.
In order to prosecute an action for a tort to recover damages one must prove (1) an injury (in the generic sense, physical, mental or loss of property) (2) the actor who injured you owed you a duty not to injure you and (3) you have damages as a result of the injury.  In the medical malpractice area (which is the tort for which you can sue a doctor), you must also prove that the care provided fell below the standard of care in your locality.
In addition to notifying a health care provider that you intend to file a lawsuit, prior to filing suit in most jurisdictions, the injured patient must usually submit an affidavit or certificate from a qualified expert. This affidavit or certificate is usually completed by another doctor who can testify that there are reasonable grounds to determine that medical negligence or medical malpractice took place in a given case. Again, the exact requirements of the certificate vary from state to state and across jurisdictions.
Since medical malpractice situations can create unexpected medical expenses, it is important to speak with a medical malpractice lawyer about filing a claim against the negligent doctor or medical organization. The earlier you begin the legal process, the closer you may be to receiving an explanation regarding why the medical malpractice situation occurred and who was at fault.
For medical malpractice cases, attorneys who represent the plaintiff (the patient who has been injured by medical negligence) usually do so on a "contingency" basis, which means the attorney’s payment comes as a set percentage of what the plaintiff ends up receiving after a settlement or a successful jury trial. If the plaintiff receives no payment or ends up losing at trial, the attorney is not paid. But before you sign a contingency agreement, check to see if you will be on the hook for things like filing fees and other costs.
Providing a range can also be beneficial in allowing the jury to make the determination as to what the final number will be. Your attorney can then ask the jury, “what is missing out on an activity you loved to do with your spouse worth weekly? $5? $25? $100?” If that person is 40 years old at the time of the crash and is expected to live another 42 years, the price for that loss over a lifetime ranges from $10,920 to $218,400. Presenting multiple stories from different witnesses demonstrating the extent of your pain and suffering damages and including a monetary range for each will allow the jury a viable opportunity to compensate you for that loss.

The amount of money damages a claimant gets for pain and suffering will also depend upon the amount claimed in a lawsuit if such is filed or the amount demanded to the responsible party in the underlying claim if it is an insurance claim. Even though a lawyer representing a client in an injury negligence-based lawsuit may claim a certain amount for pain and suffering, the jury or the insurance adjuster will award pain and suffering money for differing reasons. In practice, historically tort cases involving personal injury often involve contingent fees, with attorneys being paid a portion of the pain and suffering damages; one commentator says a typical split of pain and suffering is one-third for the lawyer, one-third for the physician, and one-third for the plaintiff.[1]
This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided “as is” without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regar’s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
In order for you to determine whether or not the care your grandmother is receiving has fallen below the standard of care you need to consult another physician for a second opinion. Even if you were not thinking about lawsuits, generally a last resort, you should be consulting another physician, that you have confidence in, to ensure that your grandmother is NOT injured. Lawsuits will not repair damage to her. You only have one of her in this lifetime, do everything you can to advocate for proper and adequate care for her. She needs you, not a lawsuit.

A recent example of a plaintiff receiving compensation for emotional damage happened in Virginia. A patient going in for a colonoscopy chose to use his cellphone to record his examination so that he could capture the instructions his doctor would give him after the procedure. When he went home and listened to the recording, he found that as soon as he was under anesthesia, his entire surgical team began cruelly mocked and insulted him. The man sued for medical malpractice and defamation and after a 3 day trial was awarded $500,000 in damages.
It may not be so easy to file a personal injury lawsuit against a hospital or other health care facility, if what went wrong was limited to the quality of medical treatment you received from a doctor. That’s because in many cases, a physician is not an employee of the hospital, but an independent contractor. So, the hospital may not bear the kind of vicarious liability that typically exists in an employer-employee relationship.
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