How do I calculate for pain and suffering?

I suggest you retain an attorney to ensure a fair and reasonable settlement.

I assume you are just referring to a settlement with the other driver's insurance company rather than the workers' compensation case, which I assume you have as well because you were working. You are entitled to more than just pain and suffering from the other driver's insurance company. Workers' compensation would be entitled to its money back. However, under workers' compensation you only received two-thirds of your average weekly wage for your missed work. You are entitled to all of your lost wages from the other insurance company. Generally, the value of a case is based on its particular facts. A person is entitled to be "compensated" for all injuries and damages he or she sustained. There are a number of factors that determine what a case is worth, including, but not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; your medical expenses; lost wages; and pain, suffering and inconvenience. If any of your injuries are permanent you would be entitled to additional money for these items as well. Without knowing more about your injuries, your wage loss and other items I cannot give you a value for your case.

The value of your case depends on what you can prove as to the injuries, and as to the impact on your life.

I would urge you to consult an experienced personal injury attorney to discuss your potential claims, injuries and damages. Because you were in the course of your employment, you have a workers compensation claim, which your employer and their insurance company is responsible to cover you, for your medical expenses and your temporary total disability benefits for work time missed. You would also have a third-party claim against the driver of the other vehicle and his auto insurance company. If he had no insurance, then you might have an additional uninsured motorist claim. The overlaps of the multiple cases can be complex and confusing, therefore, an experienced personal injury attorney can review those facts with you and determine the best way to assist you in making the appropriate claims. The values of cases, including the pain and suffering calculations, are dependent upon numerous factors, including the amount of damage to your vehicle, the extent of your injuries, the extent of your medical treatment, the amount of your medical bills, the amount of any lost wages, whether you sustained a permanent injury, the impact of your injuries on your activities of daily living, and other factors. An experienced personal injury attorney will be able to evaluate those factors and work to get you an appropriate award for your injuries and damages. In Wisconsin, there is generally a three year statute of limitations which requires you to either settle your claim or commence a lawsuit within three years from the date of the accident. Again, I would urge you to consult with an experienced personal injury attorney to review your claims and assist you in obtaining full compensation for your injuries and damages.

There is no formula for calculating pain and suffering. Below are some factors to consider. Just remember, it is your case, not the insurer's case. The insurer has two goal 1) to settle as low as possible, and20 to settle as quickly as possible. You do not have to settle until you are ready. You do not even have to settle. You can go to trial. You have three years to file a suit (2 if the suit is against the government). Also, if you were on the job, you should probably file a workers comp case as well. Maximum Medical Improvement First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention.

You are entitled to damages for not only pain and suffering in the past but in the future. The shock of the accident and the initial treatment. This is the kind of case that a lawyer would take on a contingent basis, meaning you don't have to pay attorney fees but the lawyer will take a percentage of the total award.

Your story doesn't make a lot of sense. A lot of damage to the vehicle (which normally means there could be big damage to you as well) a lot of ER activity and 2 weeks out of work would indicate at least a modest injury. but you say you have 1538 in bills. That would be the emergency bill alone. What other care did you receive? If you did not you must not have been hurt much.

It sounds like you should hire an attorney to sue them. You might get a lot more than just your medicals if your were really injured.

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.