I was injured on the job and hurt my back and pinched my sciatic nerve in my leg. I have continual problems with this and have gone through workman's comp attorneys for different reasons. The insurance company now wants to settle instead of gong through a long drawn out process and paying lawyers fees. How do I calculate lost wages, medical maintenance and pain and suffering? This has gone on for two years. I have had epidural and nerve blocks and still need them for maintenance. I am supposed to be working out at a gym with a personal trainer and they did pay for one year. I need to know how to calculate these numbers. I live in Colorado.

I don't know how anyone can tell you how to calculate pain and suffering; as for lost wages, go back and calculate the last time you worked to now and figure out what your pay would have been. Did you have a plan for medical, if so, that couldn't be factored in because someone else paid for it, unless you figured out how much it cost you in gas to get there and back.

Do a ballpark figure and throw it at them, is all I can suggest. You will probably have to go back and forth a few times before the two of your settle on a figure.

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Originally Posted by tickle

I dont know how anyone can tell you how to calculate pain and suffering; as for lost wages, go back and calculate the last time you worked to now and figure out what your pay would have been. Did you have a plan for medical, if so, that couldnt be factored in because someone else paid for it, unless you figured out how much it cost you in gas to get there and back.

Do a ballpark figure and throw it at them, is all I can suggest. You will probably have to go back and forth a few times before the two of your settle on a figure.

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Thanks

The issue is how long will this pain last, how much will doctor bills be for the rest of your life and how much income will you lose.

Also I am concerned as to why you have changed attorneys, and if so, is the contract with any of them valid.

Also did your medical or health insurance pay any of the hospital or doctor bills? If so, medical insurance can seek repayment of workers comp injury from settlements

Hey in order to get fully compensated your attorney will need to convince a judge or jury beyond a reasonable doubt that you are suffering.
They may take into account the following ,Medical records & reports, Expert witness reports , Medical evaluations, and Tolerance of pain. In regards to your medical bills add them up regardless who paid. Also a attorney may recommend an evaluation from a medical specialist to help determine just how much pain you are in and what the future may hold, but It's hard to put a dollar amount on pain and suffering.

1L
Law Student