QUESTION

What is the maximum amount you can ask for if there has been no impairment rating for a car accident?

Asked on Jan 15th, 2013 on Automobile Accidents - Alabama
More details to this question:
There was no impairment rating but there was a MMI.
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4 ANSWERS

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It depends on a number of factors which you did not provide in your question (for example, you do not even say what part of our body was injured). Below is some general information about damages in personal injury cases. 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 "I'm 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 laymen?s terms, this is often referred to a "being released by the doctor." This term is most often used in the context of a worker's 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
Answered on Jan 15th, 2013 at 4:44 PM

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Criminal Law Defense Attorney serving St. George, UT at Edward D. Flint Attorney at Law
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You can ask for whatever you want, but realistically the insurance company pays very little for no impairment, soft tissue, chiropractic care cases.
Answered on Jan 15th, 2013 at 4:42 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Your out-of-pocket medical bills and lost wages not paid for by PIP. With no impairment (or scarring) you are not entitled to non-economic damages.
Answered on Jan 15th, 2013 at 4:42 PM

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James Eugene Hasser
There are no maximum amounts you can ask for for pain and suffering. You can ask for past, present and future pain and suffering if you can show the pain is related to your injuries from the accident. In doubt, consult a lawyer. Good luck.
Answered on Jan 15th, 2013 at 4:41 PM

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