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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118192
Experience:  20+ Years of Employment Law Experience
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Having issues with pain and suffering on a broken shoulder

Customer Question

having issues with pain and suffering on a broken shoulder which will Only pay for medical cost but no pain or suffering. MISSED work because having so much pain and suffering and my job being threaton and need complete shoulder replacement and Drs keep putting me off won't put me either on short term disability or FMLA. This happen in a public business
Submitted: 2 years ago.
Category: Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
You were injured while at work? Have you filed a worker's comp claim?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 2 years ago.
no and no
Expert:  Tina replied 2 years ago.
I see. How were you injured? Who will only pay medical costs but not pain and suffering?
Customer: replied 2 years ago.
the business where I fell cenex
Expert:  Tina replied 2 years ago.
I see. Were they negligent in some way which caused you to fall?
Customer: replied 2 years ago.
small space rugs and chairs nearby
Expert:  Tina replied 2 years ago.
I am going to opt out of your question and open this up for other professionals to get their opinion. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else.
My apologies for any inconvenience and Good Luck.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I am a different contributor and look forward to working with you to provide you the information you are seeking for educational purposes only.
If this is NOT a workers compensation claim and the party you are seeking damages from is not your employer, then it is a tort claim for which pain and suffering is available, regardless of what they are saying.
Of course, no defendant wants to pay for pain and suffering, but the laws provide you are entitled to it and if they are refusing to pay any pain and suffering then you have to file a civil suit against them for damages and not settle the suit with them as they are trying to bully you to do.
Pain and suffering is calculated in general (insurers have expensive computer programs to try to calculate this, but this method comes reasonably close to their programs) as a factor of your total damages. In other words, you add together your total medical (paid by insurance or not) and your total other actual losses (lost wages etc), this is your TOTAL ACTUAL DAMAGES (TAD).
Pain and suffering is then added to your TAD and is calculated generally as 0.5 times to 3 times that amount for minor injury, 4-7 times for moderate injury and 8-10 times the TAD for severe injury. Once you calculate your pain and suffering it is added to your TAD to determine your TOTAL CASE VALUE.
You have to include everything your insurer paid for medical, because out of your settlement, your insurer is entitled to recover anything they paid for your treatment that was the fault of someone else.