How to formulate pain and suffering amount?

by Guest » Thu Jan 08, 2009 04:11 pm
Guest

I was involved in accident back in july where car ran red light and hit me as i was passing through my GREEN light. I was injured and set in ambluance till my son arrived then he took me to hosiptal. Had sore chest and side from impact and air bag and seat belt. SO my doctor 3 days later with pain more serve gave me pain pills and stay out of work for week. Went back to work and by the end of that week was in very bad pain from back muscle spasms. Went back to doctor he did xrays gave me more pain pills and muscle relaxers. Have seen him 3 more time and he sent me to physical therapy which i went to 7 times. ( hard to do when you have no car and have to beg for rides!) My car was totaled ($6,456). Was out of work for a total of 6 days ($593). Total of medical bills and physical therapy was $2340.
Was finally released 5 months later so insurance adjuster offered me medical ($1990)lost wages ($472) and pain and suffering of $2014. I told that was not acceptable because to begin with she didnt have my med. bills correct and my lost wages were not correct . I told I would get back to her with the correct information she needed. I sent her a demand letter attaching all the correct information and asked for $18,000 ( I know this is high but just a starting place) for pain and suffering .
Any suggestions on a meet in the middle amount!! Im thinking around $9,000? Thanks for any advise with this.

Total Comments: 74

Posted: Wed May 12, 2010 08:30 pm Post Subject: Got rearended

Need some help with what I should be looking at as far as the settlement offer, hit my head and have headache, whiplash and shoulder pain from the seatbelt. His insurance has already reference the settlement. I have never been hurt in an accident before don't have a clue as to what to ask for.

Posted: Sat Feb 19, 2011 09:13 pm Post Subject: Same Problem

I was ridding my motorcycle when another driver came from accross the street crossing double yellow line and hit me from side. The driver tryed running away but was stoped, i broke my right Radius bone had a lot of roadrash. Insurance payed for my med bills I had about $2,000, only for xrays, meds, cast, and lost wages of $2,250 for 6 months, i work part time. They bough my bike right away by Nada book value i didnt wanna keep it. Now when I should settle they offered me addition $6,600 for my pain and suffering. I hired an attorney because I feel that is way to low. I had road rash on both arms, my back, wit broken arm and 12 weeks of a cast. From June 4th until mid august. I'd like to get about $20,000 so I can pay for my last 2 years of college. How can I get that Money, any1 have any idea?

Posted: Sat Feb 19, 2011 10:32 pm Post Subject:

How can I get that Money, any1 have any idea?

Well, I can say that it's unlikely that you will see that kind og money... especially after paying your attorney 33% of the settlement. How can you get it? You ask for it. That does not mean you _will_ get it. You have an attorney... you should be talking to that person.

Posted: Fri Mar 25, 2011 03:45 pm Post Subject:

I went to therapy for 2 months, I had sift tissue damage and a bulging disk. The bill was for $4,075. I had $5,034 in lost wages. The other person was 100% at fault. What do u think is a reasonable settlement

Posted: Tue Mar 29, 2011 11:48 pm Post Subject: auto accident

I am still in the healing process but they already want to see my medical bills. My ER visit alone was 11k. Then you add multiple doctor visits and tests,a nneurological consult, plus my doctor said I will have physical therapy and an epidural block in my neck for herniated C5C6 discs. I expect it to be somewhere between 20k and 25k in medical bills by the time everything is said and done. I also have already missed 2 weeks of classes as a fulltime student and lost a job placement due to the injury. I am unable to lift 20lbs or more right now. I can't pick up my 3 year old and couldn't get down and play with her for her birthday. It's been hard. So what is an appropriate settlement number considering my scenerio without an attorney?

Posted: Tue May 17, 2011 04:52 pm Post Subject: I was rear ended

I was recently rear ended by a young man who was talking on his cell phone. My injuries were not "severe", but I did see a chiropractor several times to correct injuries to my vertebrae and I missed 11 days of work. My salary equates to $621/wk (124.20/day x 11 days = 1366.20) and my medical bills totaled $860.00. The adjuster has offered me $1750 for a settlement and the insurance company paid to have my car repaired. They are requesting my response and I am not sure what to counter or if I should. Would appreciate your input.

Posted: Wed May 18, 2011 06:45 am Post Subject:

If you can document your lost wages and your "medical" expenses, you can petition for that total amount. Looks like $2226.20 to me. You can ask for a couple of hundred extra dollars for "pain and suffering" if you want. But don't settle for less than $2226.20!

Posted: Sat Feb 25, 2012 12:44 am Post Subject: Fair settlement offer

Need help the adjuster asked me to counter a $500 offer I have nightmares of my car going over the freeway ramp falling over 100ft. Pain all over my body I have to walk with the help of a cane. I have shooting pain that comes from my spine and radiates. My car was a total loss what should I request for pain and suffering also this has made my fibromyalgia worst nothing is helping the pain.

Posted: Sat Feb 25, 2012 12:56 am Post Subject:

what should I request for pain and suffering


No one here can answer that question for you, or even begin to try. It is a question that only you can answer for yourself.

An attorney will be happy to tell you what it's worth, for 30% to 40% of whatever the insurance company ends up paying. If you believe that's a reasonable thing to do, find an attorney to work with you in this matter.

Posted: Fri Apr 20, 2012 06:28 pm Post Subject: Rear Ended in 2010

I also was rear ended at a stop light 2 years ago coming up in september. I initally was sore and saw a chiropractor. after about 2 months of seeing him the pain just got worse. I saw my normal physician and went through phys therapy and also had a mri done. The results were mild disc dessication at the L4 L5. My doctor then told me it would be common for up to a year to have pain. But I found out only after reading the report of the MRI that i had disc dessication. I waited a year dealt with the pain and tried my hardest to not think about it. Exactly one year later I went to a orthopedic specialist and after having a x-ray done he showed me my disc in the L4 L5 and it showed Degenerative Disc Disease. Im not a doctor but the discs were practically gone and my doctor advised of possible surgery. I still have not settled the claim and am very weary of having back surgery. On occasion I would feel a shooting pain down my legs and once in a while numbness/tingling. 2 days ago the shooting pain has decided to stay in my left leg radiating from the top backside of my left thigh down to my ankle. The insurance company offered 28k before i say the orthapedic but am curious how the medical bill will be taken care of if surgery is needed in the future.

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