QUESTION

Approximately how much is the pay off for pain and injury in these cases?

Asked on Jul 02nd, 2013 on Personal Injury - Ohio
More details to this question:
I was rear ended by another vehicle on 2-7-13. My medical insurance paid for my medical bills. Now the insurance company called me today to offer me $750 for my pain and injury.
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10 ANSWERS

Ronald A. Steinberg
Were you hurt? Any broken bones? Off work? How long? Surgery? Blind or paralyzed? I suspect that they are probably overpaying you with the $750 offer.
Answered on Aug 13th, 2013 at 7:25 PM

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Personal Injury Attorney serving Beverly Hills, CA at Hyp Law Group
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It all depends on a number of factors that only an attorney can walk you through. The offer seems to be made on bad faith.
Answered on Jul 05th, 2013 at 3:16 PM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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Each person's case is different. Your bodily injury claim is valued using several different criteria. Unfortunately, I do not have enough information from your message to make that determination.
Answered on Jul 02nd, 2013 at 8:33 PM

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James Eugene Hasser
You really don't give enough info for this question to be answered. Pain and suffering damages vary from place to place and case to case. You also need to keep in mind that your medical insurance company will want its money back.
Answered on Jul 02nd, 2013 at 8:33 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It can vary from zero to a million depending on the injury. Some things to consider: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain, or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say Im hurt, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymens terms, this is often referred to a being released by the doctor. This term is most often used in the context of a workers compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be which is the main factor in damages for pain and suffering until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A personal injury settlement demand should begin with the amount of special damages, that is, medical bills and lost wages. Intangible Damage
Answered on Jul 02nd, 2013 at 2:11 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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First off, it is not a "payoff", it is compensation for your injuries and the pain you have had to endure. There is no way I can even give you a ball park figure without knowing a whole lot more. If you have a good attorney, rely on his or her advice. There are altogether too many factors which come into play for me just to throw out a ballpark figure for a rear end accident. Without knowing a whole lot more about your lifestyle, and how the accident has affected your lifestyle, I couldn't even make a wild, ball-park guess as to what the value of your injuries are.
Answered on Jul 02nd, 2013 at 2:00 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Settlements are based on actual injury, medical bills, doctors reports For them to offer you 750 suggests it is not much of a case and they don't intend to pay you much. How many times did you go to a doctor? What did the doctor say? What were your bills, what were your lost wages if any? If you had a serious and real injury see a good PI lawyer to analyze and review it with you.
Answered on Jul 02nd, 2013 at 1:57 PM

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The value of a case is always a guess. Often it can be close to three times the specials [the defendant insurance carrier pays the medical bills but you then have to pay your insurer normally, although they may be willing to discount the total amount of reimbursement]. You would have to give much more details parts of body hurt, how long pain lasted, any residual problems, etc. to know if offer reasonable or not. Off hand, it probably is low and insurance carrier normally engage in the practice of offering a low amount and then slowly moving up if you can write them a reasoned, non-emotional letter.
Answered on Jul 02nd, 2013 at 1:37 PM

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NA richard@jandjlaw.com
It depends on the nature and extent of the injuries sustained, and the treatment course needed to address the injuries / the amount of the medical bills, if you missed work / couldn't work, if you are still in pain and can't do normal activities. I always tell people to wait for a minimum of six months from the injury date, even if you are feeling well after, say, three months, and get back to trying to do all of your normal activities, and see how it goes. You may have a flare up just from doing normal things, which you would never have had if you weren't in the accident. Once you sign off on a Release, there is no going back. You are bound.
Answered on Jul 02nd, 2013 at 1:24 PM

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Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH at Robol Law Office LPA
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There is no pre-set amount for pain and suffering. Each case should be determined on its facts. Frequently, as a rule of thumb, a figure of 3-5 times special damages (medical bills, lost wages, prescription expenses, etc.) may be used as a rough estimate.
Answered on Jul 02nd, 2013 at 1:21 PM

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