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I was off work (where I work as a nurse on my feet all day)

Customer Question
I was off work...

I was off work (where I work as a nurse on my feet all day) for five months due to fractured pelvis and knee contusion from being a passenger in car accident. My friend was driving and she has State Farm Insurance. Should my pain and suffering be five times my medical bills and loss of wages added together since I was moving at the time and it cost me 3 months of rent that I lost from a future tenants in the house I was moving from ?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: Has anything been filed? If so, what?

No. I just have talked to State Farm in the phone about my injuries. I have not sent them any bills yet but I told them I was in process of moving when accident happened. My medical bills at hospital were I was admitted were $63,000 and I have been in physical therapy for about 3 months which is another few thousand miles

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That I was planning on working another 15 or 20 years as a nurse and that I am 55 years old and I don't know if I will ever have future physical problems from this in the future. I also am a nurse that works extra shifts at the hospital. I work 50 to 60 hours or more a week when extra shifts are available. I basically hardly ever say "no"to extra shifts when they are available

Submitted: 3 months ago.Category: Legal
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Answered in 13 minutes by:
3/20/2018
Lawyer: socrateaser, Lawyer replied 3 months ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,061
Experience: Retired
Verified

Hello,

I am a member of the State Bar of California.

"Pain and Suffering" is compensation for injuries and the resulting physical distress thereby caused. Economic damages are in addition to pain and suffering (lost wages, rent, medical bills, etc.).

Recovering compensation for pain and suffering is an "art form" in the legal profession, whereas recovering for economic damages is mostly an accounting problem. Typically, the injured plaintiff is asked to keep or create a log of their daily pain level since the accident. Then, a value is assigned to that pain, and aggregated so as to determine the amount of pain and suffering caused by the injury. Ultimately, the jury decides what the value of the injuries, and that valuation is subjective to the jury -- no formula is required. However, the plaintiff's lawyer can attempt to evaluate the worth of a day free of pain, and then multiply that times the number of days of pain, and the level of pain as a percentage of that daily value.

There are many other methods of determining pain and suffering, but, the one I describe above is something that I think is understandable to a jury. The California Supreme Court has expressly approved this type of per diem methodology. See Beagle v. Vasold (1966) 65 Cal.2d 166.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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