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OT Lawyers - General Question
Posted on 10/29/20 at 4:49 pm
Posted on 10/29/20 at 4:49 pm
How are “pain and suffering” damages usually calculated or determined for decisions?
**See my below post clarifying why I ask. I edited it because I left a specific and important detail out.
**See my below post clarifying why I ask. I edited it because I left a specific and important detail out.
This post was edited on 10/29/20 at 5:23 pm
19
Posted on 10/29/20 at 4:51 pm to DByrd2
It's a myriad of factors and extremely case-dependent. Age, mental status, gender, even things like marital status.
Posted on 10/29/20 at 4:52 pm to DByrd2
This thread should be good.
Posted on 10/29/20 at 4:54 pm to DByrd2
Depends on how much pain and suffering was experienced.
Posted on 10/29/20 at 4:57 pm to DByrd2
You have to use the International Pain and Suffering Algorithm.
Posted on 10/29/20 at 5:00 pm to jimbeam
IPSA
Posted on 10/29/20 at 5:01 pm to OldHickory
Yes. Didn’t know if he would know that acronym.
Posted on 10/29/20 at 5:01 pm to DByrd2
Posted on 10/29/20 at 5:03 pm to DByrd2
quote:Ask for $100Million, settle for $2Million.
How are “pain and suffering” damages usually calculated or determined for decisions?
Posted on 10/29/20 at 5:06 pm to DByrd2
350 x pain and suffering = $
Posted on 10/29/20 at 5:08 pm to CaptainsWafer
quote:
This thread should be good.
I had a scan this month reveal a tumor in my head. Extracranial. (Not in the brain is what that means.)
In the CT Scan report, the same hospital but a different radiologist noted that the tumor had enlarged when compared to a CT Scan I had over a year prior. Problem is that the year prior’s scan said nothing on the report about any kind of growth or tumor.
I’ve had headaches/dizziness/nausea for over a month now. I see an oncologist Monday. Biopsy/surgery to follow. IF it is cancerous, or IF something could have been done sooner that would have prevented any damage, I want to know if it is worth my time (or a lawyer’s) to pursue pain and suffering caused by neglect.
Simple question.
This post was edited on 10/29/20 at 5:22 pm
Posted on 10/29/20 at 5:15 pm to DByrd2
You’re asking the wrong question friend. The real is question is what has the legislature put as a damages cap for medical malpractice in the state of Louisiana
Posted on 10/29/20 at 5:20 pm to theronswanson
quote:
state of Missouri
FIFY
Cap is non-existent, as it was ruled unconstitutional in MO last I saw.
If I read wrong on that, the cap is $435,176.
Posted on 10/29/20 at 5:51 pm to DByrd2
quote:
Simple question.
It’s actually not. There is generally no book or formula for calculating pain and suffering. And a lot of states have damages caps for medical malpractice because the insurance industry has created some fictitious attack on doctors for decades that needs to be controlled. Louisiana is a prime example. Surgeon cuts off the wrong arm and you are generally limited to 500k in past meds and general damages.
But in any event you live in Missouri so you need to consult with a med mal attorney there. Missing soft tissue masses on CT scans happens more often than you think.
Regardless good luck. Stay strong.
This post was edited on 10/29/20 at 5:54 pm
Posted on 10/29/20 at 5:52 pm to DByrd2
quote:
I want to know if it is worth my time (or a lawyer’s) to pursue pain and suffering caused by neglect.
Simple question.
I will keep it brief and not give any legal advice.
When you have all the facts research and find a good medmal attorney in your jurisdiction. Call and discuss it with him or her. They screen cases all the time, it is a normal part of the day. You won't be wasting their time until they tell you that you are.
Posted on 10/29/20 at 5:53 pm to DByrd2
What are the policy limits of your policy
Posted on 10/29/20 at 5:54 pm to DByrd2
That depends, how big is your policy? Studies have shown that the amount of pain and suffering someone endures is mysteriously and directly correlated to the maximum amount of available insurance of whoever they sued.
ETA this is the rule in auto cases anyway.
ETA this is the rule in auto cases anyway.
This post was edited on 10/29/20 at 5:56 pm
Posted on 10/29/20 at 5:56 pm to DByrd2
A lot of factors go into it, so lawyers look to many different things including similar cases. Sometimes they even look to things like worker’s comp tables to gauge the value of an injury to a certain body part.
Posted on 10/29/20 at 6:20 pm to DevilDagNS
quote:
That depends, how big is your policy? Studies have shown that the amount of pain and suffering someone endures is mysteriously and directly correlated to the maximum amount of available insurance of whoever they sued.
This is the big thing in my situation. I am active military, so that is a variable I would imagine.
Also why I am asking strictly about pain and suffering, as I likely won’t be having any medical bills.
This post was edited on 10/29/20 at 6:22 pm
Posted on 10/29/20 at 6:23 pm to DByrd2
Did you retain the official personal injury attorneys of the LSU Tigers? If so, the sky's the limit!
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