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: Tue Oct 09, 2012 10:41 pm Post Subject: soft tissue

first of all the adjuster that just stated that soft tissue injures or quote " Most soft tissue injurys will (in truth) resolve themselves within 30-60 days or so" " is way to general to be a rule of thumb to go by...best case yes but when your slammed by another driver something in your body has to give. soft tissue refers to tissues that connect, support, or surround other structures and organs of the body, not being bone. Soft tissue includes tendons, ligaments which can be ripped by the sudden impact. THOSE DO NOT HEAL ON THERE OWN!
im going threw this right now and as far as im concerned i dont think 9000 is a bad figure. they totaled my car but i had 10000 payed into it that now i have nothing to show for it and i live in the country an have to beg for a ride to go anywhere. my entire life and my sons have been turned upside down i have therapy still and they now think that the rotator cup in my shoulder it torn...thats soft tissue and will not heal!!
i have talked to many other people that have been hit from behind like this an some were 5 to 10 years ago, they tell me i will deal with pain and feel weather changes in my injurious the rest of my life!? im trying to get back in shape to recover the best i can but really.. its hard to put $ on it but i do know that im put off by the insurance co thinking its ok for me to be out that $i payed into my car...that i loved and now have no ride? Yea they covered the value of my car when they totaled it an they hauled it away to go to an auction so they can sell it and recoup part of that. which my car was in mint and fully loaded so what they gave me for the value they will likely make a big chunk back. but the money i payed in is gone...im really a bit cranky about that.
dont let them down play your issues that were caused by the accident. Fact is ...there a company and there there to make money. its cold but they really dont care how you feel.
do your research, ask around and find others that have been threw the same. Two that i talked to the one had a lawyer and got 10,000 the other had a no layer and got 9,100 after a bit of a drag out. they both had hurt back and neck. it is a big deal, thats why your body hurts. dont be afraid to talk to a lawyer! Its ashame that we have to go threw these hoops to right this and be back where we started before the accident. I feel for what its worth...we should be restored to where we were before we were hit...ex. i want a settlement that despite it all at least gives me back what i payed into the car so i can quit relying on others to get around. jus sayin

Posted: Tue Oct 09, 2012 10:56 pm Post Subject:

i dont think 9000 is a bad figure. they totaled my car but i had 10000 payed into it that now i have nothing to show for it . . . i do know that im put off by the insurance co thinking its ok for me to be out that $i payed into my car...that i loved and now have no ride?


What you paid has nothing to do with the value of the vehicle. How much you loved it has nothing to do with the value of the vehicle. What the insurance company does with the vehicle after you accept their offer has nothing to do with what you were paid to settle that aspect of the claim.

That you have "no ride" is not the fault of the insurance company. They paid you $9000. Why didn't you use the money to purchase another vehicle as a replacement? You don't even tell us what kind of vehicle it was, what accessories it had, what model year it was, how many miles were on the odometer. If you thought $9,000 was fair, you have nothing to complain about as far as your vehicle is concerned.

Auto insurance does not promise you a new car if yours is "totaled" in a collision. A judge won't give you a new car courtesy of the at-fault party either. You are entitled to the Actual Cash Value of the vehicle, which is its market value minus depreciation.

As for your soft tissue injuries, no one here can tell you what that's worth. You obviously have a number in mind, so ask for it and see what happens.

Posted: Thu Dec 06, 2012 08:54 pm Post Subject: accident settlement

I was involved in a accident where the far I was a passenger turned in front of motorcycle. He hit us on my side in the rear. I went to the ER twice. The first time I was just physically examined and sent home with pain meds for my back. Two days later I went back but was xrayed for 8 different images then sent home with meds. I feel fine now and I'm not in pain. How big or small of a settlement could I stand to receive if I don't receive any additional medical treatment. I will not receive any loss of wages reimbursement

Posted: Thu Dec 06, 2012 10:29 pm Post Subject:

How much do you want? You are entitled to have your medical expenses paid in full (to the extent those were paid by your personal health insurance, you must repay that to the insurance company). You have stated that you have no lost wages to recover.

Everything else you want is in a category known as general damages. If you have not been permanently disabled or disfigured, your damages are very small. A few hundred dollars to a thousand, maybe. You're not going to retire on this one.

Posted: Thu Jan 10, 2013 08:02 am Post Subject: questions thinking.

I was going to work at 5 in the morning in the freeway in city speed limit, the traffic stared to slow down while we was slowing down out of the nowhere we got hit by a 8 wheeler mack truck. After a week we went to a lawyer office and explain everything, well the lawyer sent u to the chiropractor and the chiro, send us todo an MRI then finish that went to he chiropractor for a while and then went to get shots for the pain I had on my shoulder. Well I was think how much could I get of this lawsuit? Pls help.... thank you .

Posted: Thu Jan 10, 2013 08:04 am Post Subject: questions thinking.

I was going to work at 5 in the morning in the freeway in city speed limit, the traffic stared to slow down while we was slowing down out of the nowhere we got hit by a 8 wheeler mack truck. After a week we went to a lawyer office and explain everything, well the lawyer sent u to the chiropractor and the chiro, send us todo an MRI then finish that went to he chiropractor for a while and then went to get shots for the pain I had on my shoulder. Well I was think how much could I get of this lawsuit? Pls help.... thank you .

Posted: Thu Jan 10, 2013 06:36 pm Post Subject:

You have an attorney. Ask him.

Your first mistake was going to see the attorney and the chiropractor. Good luck.

Posted: Sun Jan 20, 2013 06:46 pm Post Subject: PErsonal injury

I was hit by a drunk driver, my daughter was in the vehicle which was totaled. I am undegoing injections in my spine, and will need surgery. I expect to be awarded about 300K. :twisted:

Posted: Mon Jan 21, 2013 10:21 am Post Subject:

And your point is . . . ?

Posted: Sun Feb 24, 2013 12:43 pm Post Subject: cracked tooth

I went to a restaurant and ordered pot roast. As I was chewing, I bit down on a very hard piece of metal. It cracked my tooth and gums and tounge were cut up. I turned it in to the manager, they had to send it off to their lab. It was discovered that it was cooked in the food. I have perfect teeth, never had any cavity in my life, now I have to get a root canal. That occurred 4mos ago. I still have difficulty when chewing on that side of my mouth. I go to the dentist 2-3xs per year to have my teeth cleaned. Have to have a root canal, missed 4days of work. What is a reasonable amount to ask the Insurance company for?

Add your comment

Enter the characters shown in the image.
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.