was in an auto accident a few months back that left my neck, lower back, and left shoulder injured. Soft tissue damage mainly. A muscle spasm (that could be seen to the eye – kind of creepy) on my neck, and one in my back area. Anyway, I am nearly through physical therapy – doing some strength training now that I have been “healed” – so anyway, how does one go about determining the pain and suffering amount? I understand that I will negotiate this with the other driver’s insurance (he was found 100% at fault) – but what are the guidelines? What is a reasonable amount and how does one go about figuring that out? Anyone been through a similiar situation and have advice?
#1 by Luna & Lawnboy on February 24, 2010 - 2:55 pm
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The adjuster will evaluate the claim based on the nature and extent of your injury, treatment and disability. Your injury is soft tissue and considered minor. You are entitled to your meds and lost wages in addition to monetary compensation. All injury allegations need to be documented.
Don’t listen to those who claim you should multiply your meds by a magical number of 3 or 4. FYI – you did not hit the lotto. Don’t expect a big settlement.
Edit – Soft tissue injury with $5k in meds x 3 = $15k.
Fractured wrist requiring casting with $3k in meds x 3 = $9k.
I would certainly hope that you would get more than $9k for a fracture.
#2 by Peedlepu on February 24, 2010 - 4:08 pm
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Apparently “Lawnboy & Luna” think you shouldn’t listen to people like me, however the common settlement for this type of injury is roughly 3 times you total medical expenses. If you are offered anything in that general range you are being treated fairly. If the offer is drastically less it may be time to seek legal assistance, but remember an attorney will get about 1/3 of your award.
#3 by Anonymous on February 24, 2010 - 9:57 pm
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Best advice…Get a lawyer! They know how to handle the insurance company. But for example, I am going to court in june from an accident that happened 3 Years ago. I was diagnosed with a bulging disc in my lower back. My Med bills totalled about 14,000. I lost work for a month, that was about 5,000. The starting asking price from my lawyer was 48,000. The insurance company has lawyers working for them. So your best bet is to get an attourney. By the way, I still have problems to this day from that accident. And that asking price is if we do not settle before court. If I have to get dragged through a long court process the price will go up. The attorney is getting 25% of the settlement amount.