My attorney has asked me to put a price on my pain and suffering that I have had to endure for the past 2 1/2 years also how can you account for losses as far as work lost vacation, loss in my 401 k ?
Gerald Gregory LutkenhausWorkers' Compensation LawyerRichmond, VA ·
You are right no way to cacluate it. Some adjusters think a ratio of 2-4 times the medical bills is one way. But the best way is to tell your story to a jury and hope they empathize. Most personal injury attorneys have some way of doing this.
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Accounting for work loss, vacation, and 401k is usually pretty straight-forward. You look at the papers, calculate the losses. Usually using your own hourly rate of pay/salary.
As far as pain and suffering goes there are many theories. I have heard of the theory of multiplying your medical bills by an amount 2, 3, 4, 5x or more that value. There is no hard and fast rule, and each insurance company has its own way of doing things.
Please remember that whatever financial settlement you may achieve, the money will not fix the problem. It may help you do what you have to do, but it is just money. I try to say this to my clients so that they understand. It is truly a game that the insurance company plays. Your attorney may simply be looking to get an idea of what you are thinking in comparison to what he/she is thinking. Ultimately, it is your decision whether or not to accept a settlement/compromise. I hope this helps. Good luck.
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The reason you hire an experienced attorney is for them to be able to estimate the pain and suffering value of your case based on years of their own experience as well as knowledge of other settlements and verdicts in similar cases within your jurisdiction. Most clients would be guessing as to their own opinion and would usually give a higher number than a jury would award because they have lived it compared to a juror who is detached from the case.