Suing for pain and suffering

Maleficus

Diamond Member
May 2, 2001
7,685
0
0
When is it alright? How much is enough? What is the true purpose of this, is it to pay for mental rehabilitation caused by said pain and suffering?

I'm tossing this question around in my head and would like to hear some other peoples thoughts on the topic, hit me with what ya got.
 

TallBill

Lifer
Apr 29, 2001
46,044
62
91
All depends on how much pain and suffering was caused. I was knocked unconcious in a car wreck for 3 hours and had a 5 week headache. I settled for $10k out of court. Actually, I didn't even consider suing, but my insurance company called and was like "How does $10k sound?" I almost shit myself.
 

akshatp

Diamond Member
Oct 15, 1999
8,350
0
76
If you are thinking about suing your ex girlfriend because she dumped you, I dont think you will get very far...
 

Whisper

Diamond Member
Feb 25, 2000
5,394
2
81
In my mind, restitution for "pain and suffering" is a way of recompensing you for the aforementioned suffering in an objective (i.e., monetary) fashion. Beyond that, it's also a way of attempting to cause the offending party to realize the gravity of their mistake.
 

Dunbar

Platinum Member
Feb 19, 2001
2,041
0
0
Better yet, why don't you post what you think your pain and suffering is and let us tell you if it's worth any dough. Otherwise the question is way too broad.
 

Maleficus

Diamond Member
May 2, 2001
7,685
0
0
I am not considering suing anyone for pain and suffering, it was meant to be a broad question.

TallBill: That just seems really weird to me, what purpose did the 10k serve? Did you miss work because of the accident? did it cover any medical bills that were required? I guess I just don't see how money is really relevant to most pain and suffering cases.
 

Colt45

Lifer
Apr 18, 2001
19,721
1
0
This thread is causing me tremendous mental suffering, please compensate me.
 

novasatori

Diamond Member
Feb 27, 2003
3,851
1
0
Originally posted by: Maleficus
I am not considering suing anyone for pain and suffering, it was meant to be a broad question.

TallBill: That just seems really weird to me, what purpose did the 10k serve? Did you miss work because of the accident? did it cover any medical bills that were required? I guess I just don't see how money is really relevant to most pain and suffering cases.

Some people suffer permanent quality of life issues such as neck problems for the rest of their life.

Are they supposed to just accept that and live like that without any compensation, just an - Oh sorry you got rear ended and will suffer with neck pain and back pains for the rest of your life, and problems with lifting objects. ?
 

Maleficus

Diamond Member
May 2, 2001
7,685
0
0
Obviously those people deserve to be compensated for future loss of wages and QOL inssues, I was referring specifically to TallBill's incident in that post.

Also it should be noted I wasn't trying to insult TallBill or imply his payment was undeserved, just exploring the topic.
 

compuwiz1

Admin Emeritus Elite Member
Oct 9, 1999
27,113
925
126
My wife works at a casino, and apparently some people have who have sued, have some really great benefits. New Mercedes, cadillacs, bmw's, etc. When you watch these people park in handicap parking, and move thru the casino, they look anything but handicapped. :shocked:
 
Jun 14, 2003
10,442
0
0
people who sue for pain, suffering, emotial trauma or whatever just strike me as money grabbing low lifes. pansies.

i mean fair enough if an accident you had meant a large medical bill and some time off work, so long as i was compensated for that thats fine, but to push the issue further and get more money for some kind of emotional damages or because you felt like crap for a week or two just strikes me as utterly pathetic.

maybe im thinking about this all wrong, but getting money because you decided to mope around on the couch for two weeks feeling sorry for yourself is just crazy. Ok you might have a broken leg, or arm or have to wear a neck brace, but honestly last time i checked those things didnt stop you from doing something, or going to work or having fun (depending on the job of course, in which case it would be loss of earnings unless the company you work for is nice and continues to pay you)

maleficus.... i agree. novasatori mentions

"Some people suffer permanent quality of life issues such as neck problems for the rest of their life.

Are they supposed to just accept that and live like that without any compensation, just an - Oh sorry you got rear ended and will suffer with neck pain and back pains for the rest of your life, and problems with lifting objects. ?"

ok so lets say they are awarded $10,000...... ummmmmm will that get rid of the life long neck problems? no wil it help them lift objects? maybe if they buy a winch and attach it to themselves. the money really doesnt do much, it doesnt take the edge off it, youd be the same with or without it. for me if you sit there bitter about not getting money out of an accident then i feel sorry for you.

Just getting on with life FTW! you're only on this earth the once.

so yeah im in the group of : get compensated for medical bills, loss of earnings etc.... but not for feeling down for a few weeks, thats like me suing where i work because working there has made me sit at home weeping into my pillow every night having flash backs about being sat motionless at a desk for 8 hours a day. you dont deserve money for that.

EDIT: at least tall bill wasnt planning on weening out money just for feelig bad for a while, he was offered 10k.... why not take it. its those who actively seek to get P&S money like its a big deal, when really all they needed to do was keep themselves occupied instead of moping around being miserable
 

thepd7

Diamond Member
Jan 2, 2005
9,429
0
0
Originally posted by: otispunkmeyer
people who sue for pain, suffering, emotial trauma or whatever just strike me as money grabbing low lifes. pansies.

i mean fair enough if an accident you had meant a large medical bill and some time off work, so long as i was compensated for that thats fine, but to push the issue further and get more money for some kind of emotional damages or because you felt like crap for a week or two just strikes me as utterly pathetic.

maybe im thinking about this all wrong, but getting money because you decided to mope around on the couch for two weeks feeling sorry for yourself is just crazy. Ok you might have a broken leg, or arm or have to wear a neck brace, but honestly last time i checked those things didnt stop you from doing something, or going to work or having fun (depending on the job of course, in which case it would be loss of earnings unless the company you work for is nice and continues to pay you)

maleficus.... i agree. novasatori mentions

"Some people suffer permanent quality of life issues such as neck problems for the rest of their life.

Are they supposed to just accept that and live like that without any compensation, just an - Oh sorry you got rear ended and will suffer with neck pain and back pains for the rest of your life, and problems with lifting objects. ?"

ok so lets say they are awarded $10,000...... ummmmmm will that get rid of the life long neck problems? no wil it help them lift objects? maybe if they buy a winch and attach it to themselves. the money really doesnt do much, it doesnt take the edge off it, youd be the same with or without it. for me if you sit there bitter about not getting money out of an accident then i feel sorry for you.

Just getting on with life FTW! you're only on this earth the once.

so yeah im in the group of : get compensated for medical bills, loss of earnings etc.... but not for feeling down for a few weeks, thats like me suing where i work because working there has made me sit at home weeping into my pillow every night having flash backs about being sat motionless at a desk for 8 hours a day. you dont deserve money for that.

You aren't thinking about it all wrong, but close.


My situation:
My Dad was paralyzed from the waist down and had bone marrow cancer (orange sized tumopr on his spine) that would have been caught by an x-ray that was scheduled. Since my dad's back didn't hurt at the time (tumor was taking out his nerves) the doctor didn't take the x-ray. Later on the night of my 6th birthday my dad had to go to the hospital where they discovered the tumor. At the hospital my dad tried to page a nurse to help him get up and go to the restroom. No one ever answered. Since my dad was to proud and stubborn of a man to pee his bed he tried to get up and walk to the bathroom. He fell and that's when he was paralyzed from the waist down. This was all in 92, in 2000 he died from some crappy little bug that would put a person with a normal immune system out for a day max but since he had to have a bone marrow transplant for his cancer it killed him.

Well in 93ish we sued the doctor and the hospital. The doctor immediately settled because he knew he had screwed up and felt bad, the hospital we had to fight. It is remarkable that we won but we did and ended up getting somewhere in the 1-2 mil range I am sure (I don't know exactly how much my parents never told me and they have both died since).

$40k went to a wheel chair van for my dad, $20k to a new van for my mom, $150k to a new house since our old one wasn't accessible, then of course lawyer's fees and medical bills. Also, a trust was set up for my older brother, myself, and my younger sister so we get some money at 18, 21, 25, and 30. Some for college, so for a house down payment later, etc.

Point being most of that money was for "pain and suffering." So I am going to end up getting somewhere around $100k if you total it all for having a dad that could never go out in the yard and play sports with me, was constantly in pain, and whom I watched essentially slowly die in an excuciating amount of pain for years.

So now you tell me, did I deserve money for pain and suffering? No it doesn't bring my dad back but it sure does help with college and it will help with buying a house or something like that so it will make my life a whole lot easier.



edit: I want people to be clear that I hate frivilous lawsuits for $10mil for pain and suffering that drive up malpractice insurance and therefore healthcare for all of us as much as anyone, but a sizeable amount in certain cases is justified. We do need reform in this area of our legal system but gross negligence like in some cases should be punished severly and sadly nowadays that means really hurting a company or individual's bottom line.
 

Coquito

Diamond Member
Nov 30, 2003
8,559
1
0
I'm all for suing big business for 200 million, as long as that person is going to donate 190 million of it to an organization related to his/her trauma.
 
Jun 27, 2005
19,251
1
61
Originally posted by: Maleficus

Topic Title: Suing for pain and suffering

When is it alright? How much is enough?

I don't know why you'd have to sue for it. I'm sure you could come up with many volunteers to inflict pain and suffering on you without the leagal action.
 

TallBill

Lifer
Apr 29, 2001
46,044
62
91
Originally posted by: thepd7


You aren't thinking about it all wrong, but close.


My situation:
My Dad was paralyzed from the waist down and had bone marrow cancer (orange sized tumopr on his spine) that would have been caught by an x-ray that was scheduled. Since my dad's back didn't hurt at the time (tumor was taking out his nerves) the doctor didn't take the x-ray. Later on the night of my 6th birthday my dad had to go to the hospital where they discovered the tumor. At the hospital my dad tried to page a nurse to help him get up and go to the restroom. No one ever answered. Since my dad was to proud and stubborn of a man to pee his bed he tried to get up and walk to the bathroom. He fell and that's when he was paralyzed from the waist down. This was all in 92, in 2000 he died from some crappy little bug that would put a person with a normal immune system out for a day max but since he had to have a bone marrow transplant for his cancer it killed him.

Well in 93ish we sued the doctor and the hospital. The doctor immediately settled because he knew he had screwed up and felt bad, the hospital we had to fight. It is remarkable that we won but we did and ended up getting somewhere in the 1-2 mil range I am sure (I don't know exactly how much my parents never told me and they have both died since).

$40k went to a wheel chair van for my dad, $20k to a new van for my mom, $150k to a new house since our old one wasn't accessible, then of course lawyer's fees and medical bills. Also, a trust was set up for my older brother, myself, and my younger sister so we get some money at 18, 21, 25, and 30. Some for college, so for a house down payment later, etc.

Point being most of that money was for "pain and suffering." So I am going to end up getting somewhere around $100k if you total it all for having a dad that could never go out in the yard and play sports with me, was constantly in pain, and whom I watched essentially slowly die in an excuciating amount of pain for years.

So now you tell me, did I deserve money for pain and suffering? No it doesn't bring my dad back but it sure does help with college and it will help with buying a house or something like that so it will make my life a whole lot easier.



edit: I want people to be clear that I hate frivilous lawsuits for $10mil for pain and suffering that drive up malpractice insurance and therefore healthcare for all of us as much as anyone, but a sizeable amount in certain cases is justified. We do need reform in this area of our legal system but gross negligence like in some cases should be punished severly and sadly nowadays that means really hurting a company or individual's bottom line.


I don't even know what to say to that... Fuck.
 

Chaotic42

Lifer
Jun 15, 2001
33,929
1,098
126
Remember, a law suit is about making you whole again, not about getting a free ride for the rest of your life.
 

JEDI

Lifer
Sep 25, 2001
30,160
3,302
126
damn dry cleaner lost my pair of pants. i'm sueing for $50M for mental pain and suffering.

it was my favorite pair of pants. so i just bought it last week at Macy's. it was still my favorite...
 

preslove

Lifer
Sep 10, 2003
16,755
63
91
Originally posted by: otispunkmeyer
people who sue for pain, suffering, emotial trauma or whatever just strike me as money grabbing low lifes. pansies.

You strike me as an idiot.
 

bonkers325

Lifer
Mar 9, 2000
13,077
1
0
Originally posted by: Maleficus
When is it alright? How much is enough? What is the true purpose of this, is it to pay for mental rehabilitation caused by said pain and suffering?

I'm tossing this question around in my head and would like to hear some other peoples thoughts on the topic, hit me with what ya got.

sue for equal monetary compensation. bills, time off from work, and emotional trauma. the later is harder to justify, because many people go too far when claiming emotional trauma.
 

kumanchu

Golden Member
Feb 15, 2000
1,471
4
81
if you are seriously trying to understand the subject of pain and suffering in the context of the american legal system; you need to go beyond the simple definitions of the words.

this is a book that is a reputable and well writen summary on the area of law.
 

jdini76

Platinum Member
Mar 16, 2001
2,469
0
0
IMO I think it should be done if you have legitimit reason. Meaning you have $100,000 medical bills and need help paying for them.

Other than that you are like one of those poeple who charge shipping and HANDLING on ebay auctions then send the item in a used ipod box when it isn't an ipod that you bought.
 

xrax

Senior member
Sep 17, 2005
341
0
0
I have heard 2-3 times medical bills for an auto claim is the norm assuming you made a full recovery. It depends on the insurance company. most will settle without a lawyer but some wont.
 

Gooberlx2

Lifer
May 4, 2001
15,381
6
91
My wife and I are suing/will be settling with an insurance company (with the aid of lawyers), for "pain and suffering", after she got seriously rear-ended. Mostly it's to pay off medical bills (our health insurance provider will have to be reimbursed in full using this settlement), and future medical bills involving physical therapy. It will also compensate for lost wages and any other costs we incurred.

Maybe it's not actually filed under pain and suffering...I guess I don't really know.
 

thepd7

Diamond Member
Jan 2, 2005
9,429
0
0
Originally posted by: jdini76
IMO I think it should be done if you have legitimit reason. Meaning you have $100,000 medical bills and need help paying for them.

Other than that you are like one of those poeple who charge shipping and HANDLING on ebay auctions then send the item in a used ipod box when it isn't an ipod that you bought.

Please read my post above, especially if there are lasting consequences money is often deserved in areas other than just medical bills and lost wages.
 
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