How Much is Pain and Suffering Worth?

[@merriannemitchell5634]

Thank you for your expertise on this matter...I have more clarity about what needs to happen in my case

[@RhiceyHarierar]

Thank yall for the information and your time. Great info 😢

[@WILLIAMSELLEBY]

We're glad we can help!

[@tonynussbaum]

I'm negotiating a settlement with an adjuster for my whiplash injury, sans lawyer. The lawyers I consulted all said pretty much the exact same things you guys did. This information is helpful but not useful. I suppose the best strategy would be to just ask for a reasonable amount more than they initially offer and go from there.
Hmmm... Now that could be some useful information. Insurance companies have formulas for calculating pretty much everything. How do they calculate their initial pain and suffering offer and how much are they willing to deviate from it in settlement negotiations?

[@joelwilliams609]

Insurance companies usually don't disclose the specifics of how they calculate initial pain and suffering offers. It won't hurt to ask though. If they are negotiating in good faith, fair questions to ask during negotiations may be "How much of this offer are you allocating for pain and suffering?" or "Why are you only offering x for all the pain I had to endure?" Be prepared to give the adjuster specifics about how the pain negatively affected your everyday life.
That being said, most insurers use an algorithm that considers the different variables that we discussed in the video. The computer spits out a range of numbers and the adjuster will not make you an offer outside of that range. To get the highest number in that range, you may have to file suit. Once suit is filed, a claim usually gets transferred to a "litigation adjuster" who has more autonomy. There are exceptions such as very high exposure cases where decision making authority gets passed along to an excess carrier and their "committees." In smaller cases, the adjusters have less room to negotiate.
Practically speaking, decide what you are willing to live with short of filing suit. Counter with an offer significantly higher than you are willing to take and move down slowly during the back-and-forth negotiations until the adjuster stops and tells you that he/she can't go any higher (i.e. Make sure the adjuster tops out before you bottom out). Once you have the adjuster's top number, you can decide whether to accept or file suit to try and get more.
Sorry you didn't find the video useful. Admittedly, it is difficult to produce videos on topics like this because pain effects everyone differently. You make a good point about insurance company formulas. Insurers use formulas and algorithms because it is the best way for them to manage risk on a large scale across thousands or millions of claims. The flaw in these algorithms is their inability to empathize with human suffering. Computers lack the ability to feel pain. Humans can and that is why jury verdicts usually reflect a more accurate value of pain and suffering on a case-by-case basis. However, I understand that the time and expense associate with a lawsuit is impractical in some situations.
Good luck with your claim. I wish you the best.

[@RhiceyHarierar]

It all depends haha