by kaitlynsmommy123 » Wed Jun 20, 2012 01:10 am
I was broadsided by another vehicle, and this person was cited as 100% at fault, doing roughly 6800.00 in damages to the vehicle. I sustained some soft tissue injury to my neck and right arm. The total medical bills are around 3800.00 including 13 visits to the chiropractor over a 2mth span. I lost 3 days of work for a total of 800.00 in lost wages. The insurance company just contacted me offering 1800.00 for my pain and suffering and the 800.00 for my lost wages. I would like to know if this is a reasonable amount, as in my opinion it isnt even close...
Posted: Wed Jun 20, 2012 02:17 am Post Subject:
Some other info... I am 30 yrs old and work as an RN. The accident happened in Augusta, Ga outside the city limits.
Posted: Wed Jun 20, 2012 02:37 am Post Subject:
Pain and suffering damages are often difficult to quantify and can vary dramatically from one jurisdiction to another. In calculating your damages, one factor to consider is the degree to which your work is impaired. For example, does the pain prevent you from working altogether; if you are able to work does the pain impair your job performance. Similarly, you should take into consideration the degree to which the pain and suffering interferes with normal life functions such as romantic relations, performing household duties, interacting with your children, and maintaining healthy stress levels. Other factors to consider are the severity of the injury, whether there is any permanent scarring or disfigurement, the type of medical treatment received, the length of recovery time, and potential long term consequences of the injuries. Finally, you should also consider any emotional consequences such as embarrassment or insecurity.
Posted: Wed Jun 20, 2012 12:39 pm Post Subject:
If that was their initial offer then it's just that... an _initial_ offer. Almost always it's a negotiation where they have an offer and you have a demand and both parties move to see if the claim can be settled.
Have the medical bills been paid? If not, I'd recommend that you collect on that amount as well (if the medical provider has not filed a lien) and then negotiate down what you owe. That is, the medical providers, if unpaid, will almost always take less. The insurance company needs to consider the full amount of the bills (in most cases). So the insurance company pays you the full amount and then you negotiate with the medical providers to take less and you keep the difference.
I see no reason why you should not ask for a higher amount and then attempt to negotiate to some middle ground. What you need to be able to do is argue your case... why you should be paid more. The better the argument (or more convincing you sound) the more likely you will collect a higher amount.
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