Depending on the nature of the injury, “pain and suffering” may differ greatly from case to case. In court, evidence of “pain and suffering” often comes from live testimony of the victim - and, in appropriate cases, their family, friends, and/or co-workers - as to how their injuries impact their daily life. Instead, judges or juries are generally asked to consider a range of “damages” that may include, but not be limited to, your medical bills (subject to the state’s Collateral Source Rule), lost wages, future earning capacity, and “pain and suffering.” The issue of “pain and suffering” is where calculators truly do no justice. Quite often, these “calculators” also multiply your quantifiable damages (things like medical bills, lost wages) by a certain number (for example 3x) to calculate your claim “value.” The problem with that approach is that it is not how judges or juries reach verdicts in court. Other states may allow introduction of amounts the injured person actually paid after health insurance payments, instead of the face value amount - this can make a big difference when inputting “medical bills” into a “personal injury calculator.” For example, Virginia adheres to the Collateral Source Rule, which allows a personal injury victim to present the “face value” of their medical bills to the judge or jury, without regard to what health insurance might pay, or whether the treatment provider “writes off” a certain portion of the bill. First, while it is true that most insurance companies use sophisticated computer programs, such as Colossus, to help them evaluate the “value” of your claim, because of variations in state law, it is virtually impossible to create a calculator that can factor in the nuances of each claim. If you type “personal injury calculator” into Google, you’re going to find websites that purport to be able to calculate the value of your personal injury claim - stay away! These sites are a common nuisance for personal injury lawyers for a number of reasons. A personal injury calculator may seem like a useful tool, but our best advice is to stay away from using one! Focused young couple calculating bills, discussing planning budget together, serious wife and husband looking at laptop screen, using online banking services and calculator, checking finances
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