There is no formula. If there was, every case would be put into a computer and the amount spit out the other end would be what the injured victims gets, no "Ifs, Ands or Buts." For example, in cases where my pregnant clients were injured, and the medical bills are very low (because they cannot be X-rayed, take strong pain medications, etc.), we recovered many times the amount of the bills or "Special Damages." In other cases, I have seen unethical lawyers send people to doctors where the bills are artificially inflated for "palliative care" and they end up settling for less than the "specials." In cases involving burns, the pain is significant, as is the case where there is a permanent injury to a weight-bearing structure (i.e., a crushed foot with be a constant, painful reminder as opposed to a cut to the scalp). Every case is unique, and, depending upon the jurisdiction, physical pain, emotional distress, inconvenience, hedonic damages, loss of consortium and mental suffering may all be part of a jury's verdict or trial judge's judgment. That is why retaining an experienced, ethical lawyer who actually tries cases will help you understand the process and get a fair result.
Answered on Apr 04th, 2013 at 12:49 AM