Visitor Question

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

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Bill,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 28, 2010

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One thought on “What Percent of Medical Costs is Typical for Pain and Suffering?

  1. 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.

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