by Guest » Wed Oct 30, 2013 01:28 am
I was in an accident back in August while I was sitting in a drive lhrough line at a Mcdonalds with my window rolled down and my arm out the window. A lady in a parked car, backed out without looking behind her and crushed my wrist and hand. I suffered severe pain, couldn't drive, and had to wait to go to the doctor for four days when I finally found a ride. My wrist was broken and my hand had a severe sprang. I was then fired from a brand new job that was intended to be my replacement because the current job I had been working at for five years was letting me go in October. The owner of the company literally wrote a letter stating I was fired because the loss of my vehicle and my injury. I was out of my car for over a month because of the lady knocked some kind of module out which led to incredible difficulty for the mechanics. I was not able to care for my two year old, which led to child care that I really couldn't afford. I ended up occurring 3500 in medical bills and 4700 in loss wages from my current job. By the time I was able to go back to my job, over a month later, I only had two weeks before my last day with the company. So, this accident put me in a SEVERE financial bind. I understand that calculating pain and suffering cost is usually tricky and that there is no set formula, but if someone could give me any possible estimate, I'd really appreciate it! I really don't want to be low-baled by my insurance adjuster handling my case.
Posted: Fri Nov 01, 2013 12:09 pm Post Subject:
crushed my wrist and hand. I suffered severe pain, couldn't drive, and had to wait to go to the doctor for four days when I finally found a ride. My wrist was broken and my hand had a severe sprang.
It doesn't sound like your wrist and hand were "crushed" as I understand that term. If it were, you would never have waited "four days" to be treated.I think you are being a bit overly dramatic here. You had a broken wrist, a sprained hand, and some bruises, which I'm sure were painful as they healed. But it doesn't sound like you suffered the trauma of a "crushing" injury. Apparently, you needed no surgery -- your medical bills were only $3500 -- and have fully recovered.
Nevertheless, a simple method to calculate "pain and suffering" is to multiply your medical expenses by 2 or 3. That would put your pain and suffering ("general damages") at about $7,000 to $10,000, but I'm not convinced that your injuries are worth that much. Your over-the-top "drama" is clouding my judgment. A jury could see it differently.
Everything else you discuss with numbers, including medical expenses, are "special" (or "specific") damages, and you are entitled to 100% of those amounts, although the added expense for child care is questionable, and might not be awarded if you were to go to trial. Don't be too surprised if an insurance company refuses to pay that amount. I wouldn't pay it. Why not? Because it doesn't sound like your injuries were so severe that you needed someone else to care for your child. What couldn't you do for your child with one "good" hand? Again, it's the "drama" that interferes with my thoughts.
I was then fired from a brand new job that was intended to be my replacement
andBy the time I was able to go back to my job, over a month later, I only had two weeks before my last day with the company
As for loss of future income because the new job was not there, that is probably not compensable either. You never worked there, and it's possible that you never would have even if uninjured, despite what the letter may state. You cannot be "fired" from a job you never started. That would be like Mitt Romney saying, "I was supposed to be the president, but I got fired by the voters who elected Obama to a second term instead."
So it's difficult at best to say that you have been damaged in that manner -- you cannot make a claim for lost wages you "might" have earned, only the lost wages you can document. If the injury to your wrist is what prevents you from working in the future, that's different. But it probably doesn't.
I'm sure you have experienced some financial stress, but that's not entirely the fault of the accident. Some of it was known to be coming and the collision does not change that fact.
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