What Percent of Medical Costs is Typical for Pain and Suffering?

by Bill
(Thomaston, Maine)

I'd like to know what a typical pain and suffering percentage is won, based on medical costs. I've heard 3 to 4 times, I've also heard 10 times. I've never heard 67% which is what was offered. Are they trying to lowball me?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "What Percent of Medical Costs is Typical for Pain and Suffering?":

It sounds like the figure you are quoting is actually what you would receive after your attorney takes his or her fee. The standard contingency fee is 33.3% which would then leave you with 67%.

In terms of a settlement figure, it is usually 2.5 to three times your medical bills plus out-of-pocket expenses and lost wages. This is not to say that all insurance companies start off at this figure.

When a party is unrepresented, many insurance companies will actually "low ball" to use your term, in hopes that a lay person will not know any better. At the same time, it often takes a skilled attorney to get the figure to the top dollar you are entitled to... which then gets you to that magic 67%.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Comments for What Percent of Medical Costs is Typical for Pain and Suffering?

Click here to add your own comments

Pain & Suffering
by: buddy holly lives

The accident zone (accidentzone.com) says take the medical expenses and then times it by 1.9 to 2.4.

So for example if the med is $2,500, the settlement is anywhere from $2,500 to $10,800. I know it is a big range but there is so many variables that is ridiculous.

Click here to add your own comments

Return to Pain and Suffering Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION