This is the situation that has happened to a neighbor of mine: the man was in a auto accident where the other driver admits full responsibility and has full coverage. The injured party has large and serious bruising on his knee and his foot and ankle as a result. He goes to his PCP who refers him to a orthopoedic surgeon who takes x-rays of the ankle and the knee… he finds no fracture but he wants the man to have physical rehab for the ankle.
My question is does the auto insurance of the reponsible party only pay for the medical procedures… or would they also consider pain and suffering? And is that a given?
This neighbor is a 50 year old man who had a stroke many years ago and is currently unemployed… he is also on coumadin (a blood thinner that no doubt contributed to his severe bruising… of course he has the right to drive and is not impaired). He is not the brightest bulb and I want him to be fairly compensated….. he’s a good guy and I am afraid that he might be taken advantage of.
Also, is “pain and suffering” amounts (if it would be warranted) based on a scale of how much the medical procedures cost? In other words, if the medical bills totalled $1000 would he expect 2 or 3 times more than that?
I would really appreciate any answers from anywhere who knows about this type of law… thank you.
Posts Tagged Suffering
I am a 34 year-old California resident. Back in the beginning of January, my son and I were hit while waiting at a stoplight. We were hit pretty hard – my vehicle was actually attached to the vehicle in front of me as a result of the impact. The person that hit us turned out to be under the influence of alcohol. There was a police report done, and the “drunk” individual was cited (in addition, this person actually left the scene of the accident – but was later found since the person in front of me took down the license plate). Thankfully, the person that hit us has insurance.
In January, I spoke with the insurance adjuster of the person that hit us – since there was no question that their insured was at fault, they accepted liability. The adjuster explained that after my son and I complete our medical treatment, they would make a settlement offer.
My insurance company initially paid for the repairs of my vehicle, but was reimbursed by the at-fault party’s insurance. Total vehicle repair came to $14,200.
In the accident, my son’s neck and shoulder were injured. He had a couple of medical visits and missed several days of school due to pain. Thankfully, he is currently not experiencing any pain now.
My neck and shoulder were also injured in the accident. However, my injuries were more severe than my son’s. Over the past nine months, I have had 4 1/2 months of physical therapy, cortisone injections, and medications with the pain not improving. Since conservative treatment was not successful, I recently had surgery to correct the impingement in my shoulder. I am currently continuing physical therapy.
Since the accident, I have missed time from work and have incurred out of pocket medical expenses (co-pays, prescription co-pays). The total so far for time off of work (Sick Leave, Vacation, Unpaid) plus out of pocket expenses is around $7500. And, the medical bills I would estimate around $25,000 – $35,000 (including the surgery/anesthesia bill). However, this is just an estimate – as I am still continuing physical therapy and will attend additional medical visits as needed.
I do not have an attorney, and am hoping it will not be necessary to retain one.
I thought I would give a little background leading up to my question. A co-worker of mine mentioned that she didn’t think my settlement offer would include an amount for Pain & Suffering since I do not have an attorney, and am not going through the courts to settle my claim. I was under the impression that my settlement would include time off from work & reimbursements in addition to an amount for pain & suffering. I do realize that every claim is different, and handled by a case by case basis. And, I understand that there really isn’t any “standard” amount I can expect to receive. However, when it comes time to negotiate a settlement, I was hoping to know what a fair estimate would be? And what the settlement will include – including an amount for pain & suffering? (Believe me, this whole experience has made my son and suffer in so many ways – physically, emotionally, and financially).
Does anyone have experience with this type of situation? Any advice / information would be greatly appreciated!
Thanks!
I am a 34 year-old California resident. Back in the beginning of January, my son and I were hit while waiting at a stoplight. We were hit pretty hard – my vehicle was actually attached to the vehicle in front of me as a result of the impact. The person that hit us turned out to be under the influence of alcohol. There was a police report done, and the “drunk” individual was cited (in addition, this person actually left the scene of the accident – but was later found since the person in front of me took down the license plate). Thankfully, the person that hit us has insurance.
In January, I spoke with the insurance adjuster of the person that hit us – since there was no question that their insured was at fault, they accepted liability. The adjuster explained that after my son and I complete our medical treatment, they would make a settlement offer.
My insurance company initially paid for the repairs of my vehicle, but was reimbursed by the at-fault party’s insurance. Total vehicle repair came to $14,200.
In the accident, my son’s neck and shoulder were injured. He had a couple of medical visits and missed several days of school due to pain. Thankfully, he is currently not experiencing any pain now.
My neck and shoulder were also injured in the accident. However, my injuries were more severe than my son’s. Over the past nine months, I have had 4 1/2 months of physical therapy, cortisone injections, and medications with the pain not improving. Since conservative treatment was not successful, I recently had surgery to correct the impingement in my shoulder. I am currently continuing physical therapy.
Since the accident, I have missed time from work and have incurred out of pocket medical expenses (co-pays, prescription co-pays). The total so far for time off of work (Sick Leave, Vacation, Unpaid) plus out of pocket expenses is around $7500. And, the medical bills I would estimate around $25,000 – $35,000 (including the surgery/anesthesia bill). However, this is just an estimate – as I am still continuing physical therapy and will attend additional medical visits as needed.
I do not have an attorney, and am hoping it will not be necessary to retain one.
I thought I would give a little background leading up to my question. A co-worker of mine mentioned that she didn’t think my settlement offer would include an amount for Pain & Suffering since I do not have an attorney, and am not going through the courts to settle my claim. I was under the impression that my settlement would include time off from work & reimbursements in addition to an amount for pain & suffering. I do realize that every claim is different, and handled by a case by case basis. And, I understand that there really isn’t any “standard” amount I can expect to receive. However, when it comes time to negotiate a settlement, I was hoping to know what a fair estimate would be? And what the settlement will include – including an amount for pain & suffering? (Believe me, this whole experience has made my son and suffer in so many ways – physically, emotionally, and financially).
Does anyone have experience with this type of situation? Any advice / information would be greatly appreciated!
Thanks!
I Am Currently Suffering From A Whiplash Injury, Should I Feel Pain Directly On My Neck Bones?
Jan 9
Now that some of my muscles around my neck are beginning to relax, I feel that my neck hurts directly on my spine. When I told
my physical therapy guy about he pressed on it to see where exactly it hurt, I almost cried it hurt so badly. He didn’t really say anything about it. But it has Me quite worried, since it is even more sore today.
Any guesses?
7 months ago I was in a car accient. my car was totalled. The other party’s insurance company admitted the girl was at fault (she pulled out of a parking lot straight into the passenger side of my car). I was the only one hurt. Had bad bruises on my chest and sore. Tore ligament in my wrist and got tendinitis too. They have paid all my time off, paid the car total amount, paid my out of pockets. The Kaiser medical bill they will have to pay willb e about $6000. I had numerous doctor visits, 2 casts, 2 cortisone injections, numerous pain meds, physical therapy, 1 MRI, and several xrays. I was in pain for about 6 months (still kinda bothers me still but doc has signed off).
Now is coming time — insurance is saying they are working on a settlement offer for Pain & Suffering. What would you think is a fair settlement offer?
PS I do not want to get a lwayer with his 1/3 fee involved at all!
7 months ago I was in a car accient. my car was totalled. The other party’s insurance company admitted the girl was at fault (she pulled out of a parking lot straight into the passenger side of my car). I was the only one hurt. Had bad bruises on my chest and sore. Tore ligament in my wrist and got tendinitis too. They have paid all my time off, paid the car total amount, paid my out of pockets. The Kaiser medical bill they will have to pay willb e about $6000. I had numerous doctor visits, 2 casts, 2 cortisone injections, numerous pain meds, physical therapy, 1 MRI, and several xrays. I was in pain for about 6 months (still kinda bothers me still but doc has signed off).
Now is coming time — insurance is saying they are working on a settlement offer for Pain & Suffering. What would you think is a fair settlement offer?
PS I do not want to get a lwayer with his 1/3 fee involved at all!
I was in a car accident a little over a month ago. The other woman involved was at fault. I was the only one injured. My injury is in my shoulder, basically the blood vessels were busted and it’s bleeding into my muscle tissue. Plus the doctor said there might be a slight tear in my muscle connecting to my rotary cuff. I have to go thru physical therapy.
How much would be fair? How much would the insurance be willing to give for pain and suffering?
I was involved in a car accident in april of 2006. I was rear ended while at a stop light, but there was not much damage to either cars. However, almost immediately after I started getting a terrible headache and pain in my shoulders and back. Ever since, I have had a lot of problems with my left shoulder. I had physical therapy for about 3 months, have been to the doctor numerous times. I had to have a cortizone shot in my shoulder to try and relieve pain, but it was only temporary. I have accrued about $6,500 in medical bills, all which have been paid by my insurance company. I am about ready to settle, but have no idea what to ask for for pain and suffering. I still cannot sleep on my left side at night, can’t play tennis (which I really enjoy), and a few other physical activities. My shoulder becomes extremely irritated very easily. My orthopedic surgeon said I may need surgery in the future on my shoulder. Any suggestions as to how much I should ask for?
I was in a car accident in which a undercover police officer ran a stop sign and caused a wreck. He was found at fault. My truck was totaled, i was out of work for a week while i went to physical therapy for minor injuries to neck and knee. What might i expect for pain and suffering? I understand theres no way to know for sure, i’m just looking for a ball park figure. And yes..im in it for the money. Sue me….
I got badly hurt in car accident; I have been to physical therapy for over a year!! I’m still in lot of pain and have trouble walking.
How long dose it take to get back to normal?
How do I handle pain suffering settlement?
What is fair to ask for, based on the fact it is 100% the other person fualt and I have had to go to miss ove 1000 hour of work and go painfull re-hap for a year. Moreover still have trouble walking??
What should I be doing to get well?
My Doc seams to be doing nothing?
I need to find a better Lawyer and doc in OC, CA,
Please give any suggestions you might have ASAP!