In an auto injury, wow much money should I accept for pain and suffering?

Question

I was in a horrible car accident, it was the other persons fault and their insurance has accepted liability. I broke my sternum, 4 ribs, and my nose in the accident, as well as my neck and shoulder giving me trouble.

Jeffrey Lapin · Answer

I cannot answer your question, "How much money should I accept for pain and suffering?" without a lot more information. Each case is different and dependent on its own facts.  A person is entitled to be "compensated" for all injuries and damages they sustained in an accident. This is more than just "pain and suffering." Items that a person is entitled to compensation for include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; medical expenses; lost wages; and pain, suffering and inconvenience. If an injury is permanent, a person may be entitled to additional money for some or all of these items.  You do not indicate whether you made a full recovery, how long ti took for your injuries to heal, your medical expenses total, whether you lost any wages or any of the other items listed above to provide an estimate as to what your case might be worth.  You may want to consult with a personal injury attorney to discuss your case. Most personal injury attorneys offer a free initial consultation so it will not cost you anything to get more information about your rights, options and what your case might be worth.

Sean M. Cleary · Answer

First and foremost the final settlement you'll be able to obtain will depend on a multitude of factors that cannot be predicted by the information you provided here. Certainly the amount should definitely cover your medical bills, the repair of your car, lost wages just to cover the minimum of your losses but keep in mind that other aspects, future complications that might influence your ability to work might come into play that certainly will raise the amount. My advice is to talk to an attorney before agreeing on a final amount.

Christian Joseph Menard · Answer

There is no set limit on what can be received for pain and suffering. It all depends on the amount of pain and suffering suffered and to be suffered under the circumstances. Normally a treating doctor will testify how long someone's pain will, or should, resolve. This analysis is done on a case by case basis. I can say, having broken 7 ribs in a horseback riding accident, that broken ribs are very painful. Mine took over a year to reach the point that they were no longer causing me pain and/or limitation. As to your other injuries, a full review of your medical records and discussion with your doctors as to your prognosis will shed light on whether you well be left with ongoing pain and/or limitation of use.

Daniel J. Pingelton · Answer

Hire an attorney! You'll get much more money. And it won't cost you anything out of pocket.

Lisa Hurtado McDonnell · Answer

Well it depends on medical bills, future medical bills, loss of wages, impairment rating, and insurance coverage.

Ronald A. Steinberg · Answer

Your case is worth every penny of whatever your lawyer can prove.  Big settlements and judgments come from huge injuries. A fractured sternum is not a "biggie," nor are broken ribs.  Yes, I know that they hurt like the dickens, but unless you sustain a punctured lung, or a torn aorta or a punctured heart, they are not major injuries, as a rule.  The amount you end up receiving will be a function of how much medicine your lawyer knows.  Good luck.

Richard Wooster · Answer

With injuries this serious you should hire an attorney.  The value of your claim depends on a lot of issues and an attorney is in the best position to ask all the questions to evaluate the value of your claim.

Brett Rosenthal · Answer

That is really dependent on multi factors, but one significant one is the amount of medical bills incurred for the accident related treatment and the time frame it has taken you to get back to pre-accident status, if you have. Obviously, if you haven't that dictates a much higher value than if you have returned to that status and if not what your prognosis is regarding your residual symptoms and their impact on your life. There are so many issues that impact the appropriate pain and suffering amount that you really need to discuss the injuries and treatment received to date.

Jonathan Marko · Answer

This question is impossible to answer without knowing more.  Numerous variables value a claim such as where it happened, how responsible you or the other party are, whether alcohol or drugs were involved, the extent of medical treatment and suffering, whether you were off work, etc.  You need to contact a personal injury attorney such as myself as soon as possible to evaluate your claim.

Jason Neufeld · Answer

The value of your pain and suffering is directly related to the severity of your accident, so without knowing more details (analyzing liability, seeing MRI scans, doctor reports, knowing your medical history), it is impossible for me to "value" your pain and suffering. If you have an attorney, please discuss this with him/her.

Erven Nelson · Answer

It depends on a number of factors including extent of injuries, disability, treatments, surgeries, physical therapy, lost wages, inability to perform usual tasks, etc.  That being said, a settlement can range from 2-5 times medical bills.

Arman Moheban · Answer

It depends on many other factors as well. If the other driver's insurance policy limit is $15,000.00 then this amount is to low and you may have to file a lawsuit against the other driver for higher settlement. Also in addition to pain and suffering you have to consider the current medical bills, future medical bills and loss of present and future images which could be significant.

Lori Beck · Answer

That depends on a lot of factors.  Pain and suffering is a non-economic damage and is very subjective.  You should really get an attorney to get the most out of this claim.

James Eugene Hasser · Answer

There are no real hard and fast rules under the law on how much someone should be paid for their pain and suffering. The law simply says you're entitled to be compensated for it. There is no chart or anything like that that shows how much you should be paid for an injury. That amount varies from case to case, and is supposed to be reasonably related to the nature and extent of your injuries. It should have some rational relationship to the amount of money paid for your past and future medical care. Knowing exactly the nature and extent of your injuries is important. For instance, will you need future medical care? Do you have permanent restrictions that affect your earnings ability? These are questions an experience accident lawyer would consider in evaluating your case. You probably should consult with a lawyer familiar with Alabama accident law. Good luck.

Malosack Berjis-Myers · Answer

The amount given for pain & suffering, in just about every personal injury case (including yours), really depends on several factors, which include but, are not limited to the following: the nature, extent & severity of injuries; the amount of medical bills & lost wages you have incurred; your age; and, so on.  Using such information, your lawyer (that is, assuming that you have hired one to handle your case) should be able to give you some idea of the average pain & suffering amount that individuals in cases, such as yours, should expect.  However, in the event that you have not hired an attorney to assist you with your case, and fight for pain & suffering damages because you better believe that an insurance company that you are dealing with on your own is not going to make it easy for you to collect for such damages then I highly recommend that you do so as soon as possible.  And, since most personal injury attorneys, like myself, offer free consultations, you have absolutely no reason not to call right now.  (Your injuries are way too serious to being putting your right to compensation in the hands of the other party.)

John Shean · Answer

You should consult a reputable personal injury attorney in your area to determine the value of your claim.  It sounds like you have substantial injuries and you would be doing yourself a disservice by trying to handle this matter on  your own.  "A lawyer who represents himself has a fool for a client.

Daniel O'Neil · Answer

Without more facts, it is not possible to provide a specific response.  In light of your representations, a settlement (without regard to property damage) should exceed an amount equal to two (2) times your medical costs in addition to lost employment income and out of pocket costs.  Your property damage is separate from the foregoing.

Gregory Shurman · Answer

With injuries such as yours, you should be well compensated for your pain and suffering, as well as for you medical bills and lost wages.  You also may be entitled to punitive damages, depending upon the circumstances.

James Kelaher · Answer

It would be impossible to guess without knowing more, i.e., medical bills, wage loss, if any, etc.

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