QUESTION
What is the fair amount for pain and suffering?
Asked on Feb 26th, 2013 on Personal Injury - Georgia
More details to this question:
I was involved in a motorcycle accident in November. The other party turned left in front of me doing 45 MPH. I crashed into his passenger side door. I was hurled over 45 feet after hitting the car and crashed head first into the ground. When I came too was in horrific pain. I was transported to the hospital code 5 double IV`s spent the next 10 hrs in the ER. My original medical bill for the hospital was 78000.00 plus labs and ambulance for an additional 5000.00 plus I have been going to psychical therapy at a cost of another 5500.00. I now have vertigo daily along with budging disks in my neck. My chiropractor says will never be right again. The insurance co on their side accepted full responsibility. I missed 6 weeks work. I had a bad infection in my leg I lost my toe nailed from the impact I could hardly walk for over 4 weeks. I am still having all kinds of problems from this accident. Farmers ins offered me 4000.00 pain and suffering plus 6500 lost wages and 17000 for medical. I negotiated the medical bills for the hospital to 25500.00 I paid all the outside services out of pocket already. Both my motorcycle and his car were a total. The 5500 chiropractic is still outstanding. I have to do 30 min a night of traction for my budging disks I have headaches daily. I have been to chiropractor over 50 times and have at least another 50 to go. I have been to a pain management specialist. I had paralysis in my right arm for several days. He says I might not ever get rid of this pain in my neck. The insurance co just sent me an offer again today they are willing to pay 56,525.89 all in. That includes lost wages of 6500.00 plus the 5000.00 in medical I have already paid and the 25,500.00 I owe the hospital. And the 5500.00 I owe the chiropractor. This also includes feature medical bills? Unknown. So that would make my pain and suffering worth about 10,000 this time around. And very little feature medical. The driver of the car and the policy holder are two different people.
12 ANSWERS
You have a great case, although I am sorry for your injuries, pain and suffering. Generally speaking, insurance companies are paying the amount of medical bills, sometimes more or less, for pain and suffering. You need a good personal injury lawyer to help you forecast future bills, pain, suffering, lost work, lost enjoyment of life, etc. There are experts who specialize in doing these calculations.
Answered on Mar 08th, 2013 at 11:50 PM
James Eugene Hasser
I don't know enough about the nature and extent of your injuries to help you here other than to say there is no set amount for pain and suffering damages. You probably should see the advice of a lawyer familiar with Alabama accident law. You will need to get all of your medical records and bills together for him or her so they can look them over and get a feel for the settlement value of your claim. I would do a Google search for how to choose a lawyer for my accident case in Alabama for help in choosing a lawyer.
Answered on Feb 28th, 2013 at 11:26 PM
Christian Joseph Menard
Without reviewing the medical records and talking to your doctors, and without knowing what jurisdiction your case is pending, it is difficult to say exactly. Based on what you wrote, i would ballpark the figure somewhere between $250,000 & $300,000.00.
Answered on Feb 28th, 2013 at 11:05 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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I am sorry to read about your injuries. Sounds like you are lucky to be alive. Obviously their offer seems very low but I really cannot evaluate a case without knowing my client and actually reading the records. Insurance companies are not going to treat you fairly if you are not represented by an attorney. Your only leverage is to file a lawsuit and you really cannot do a competent job of doing that on your own.
Answered on Feb 28th, 2013 at 9:11 PM
I am very sorry to hear about what sounds like a terrible accident. You have clearly been through, and continue to go through, quite an ordeal. I never advise anyone to try to negotiate their claim themselves with an insurance company. Understand that an insurance company is a business like any other. They are trying to make a profit, not pay out on claims if they don't have to. Almost always, they will take advantage of the unrepresented victim. I see many issues already with your situation. The biggest one being that you should not be negotiating anything at this point. You are still in the middle of treatment and really don't know what the future holds for you. You only get one shot at this, so if you are not adequately compensated for everything you have gone through and will go through in the future, you are out of luck. It has only been months since the accident. I would give your injuries more time to heal, so that you can see if there are truly any permanent disabilities from this. If there is, this will need to be documented properly to increase the value significantly. The Insurance Research Council has found that, on average, a person represented by legal counsel will receive 40% more in their pocket when the case resolves. Hopefully, that tells you something. Put it in the hands of experts who know how to work a case up properly to get you maximum compensation. You will be glad you did.
Answered on Feb 28th, 2013 at 8:53 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Depends on a lot of things. You say you were traveling at 45 mph at an intersection. What was the speed limit? If the speed limit was 45 then maybe you should have been traveling a little slower and being a little more careful (that may be the insurance position) if the other driver says you were driving too fast you could lose the case entirely. In NC you must be totally free of any degree of fault to get anything. Next question: what is the insurance coverage? Do you know? How could you possibly demand a figure if you don't know the coverage? Does the other driver have any assets beyond the insurance? In other words can he afford to lose the case to you big time? if he doesn't have anything to speak of it is urgent you find out coverage. Did you ask?sounds like you have a lot of big time injuries. The sky is the limit. If you had a proper PI lawyer you might be asking about degree of permanency, future medical expenses, future care of all sorts. Get you a good lawyer to review all this with you. I can assure you that you are not able to do this yourself. I cant imagine why you would try except to avoid attorney fees which may cost you the whole ballgame. Get you some proper professional help.
Answered on Feb 28th, 2013 at 8:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, the offer is too low but all of the factors need to be know before an evaluation is made.
Answered on Feb 28th, 2013 at 8:21 PM
This is why people need to get a lawyer. You're being low balled as your case is worth significantly more, try near $250,000+.
Answered on Feb 28th, 2013 at 8:16 PM
Thomas Edward Gates
You need to retain an attorney. If your medical expenses are as you say, you continue to have medical issues, and you expect to also have future medical needs, the $10,000 does not come close to what you can expected.
Answered on Feb 28th, 2013 at 8:05 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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Insurance companies typically initially make low ball offers of settlement for pain and suffering. Based on the injuries you described, it seems that the offer is low. I would not recommend settling your claim until you have completed all of your medical treatment and know the full extent of your injuries. In Missouri, you have 5 years from the date of the automobile accident in which to file a lawsuit. I would suggest talking with an experienced personal injury attorney in your area who can give you even more advice,after getting more details. Don't hesitate to contact me if you have any more questions.
Answered on Feb 28th, 2013 at 8:01 PM
The amount quoted by the insurance company includes all medical bills and pain and suffering. The amount that they have offered you does not seem sufficient to cover all of your expenses, plus the pain and suffering. There is not hard rule on how much you should get for pain and suffering because it is based on several different factors. I can tell from the numbers that you have provided that the amount offered is not sufficient. You should contact an attorney to get more money from the insurance company. I would be happy to look over your documentation and negotiate with the insurance company for you.
Answered on Feb 28th, 2013 at 7:43 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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You really should consider hiring an attorney. The value of your pain and suffering is to be based upon "the enlightened conscience of a jury.
Answered on Feb 28th, 2013 at 7:43 PM