I was recently rear ended on the freeway by a work truck, and am currently seeing a chiropracter (as well as my daughter, who was also in the accident). I used my insurance initially, because the owner of the company wasn't returning my phone calls. The guy has insurance, but doesnt want to use it, so when all is said and done, he will have to reimburse my insurance out of his pocket. I'm not using a lawyer, so after my car has been fixed and the Dr. releases us, how do I know what to ask for pain and suffering?
2006-11-18 01:02:04 · 5 answers · asked by tbtt&b 1 in Politics & Government ➔ Law & Ethics
Not sure, what do you think is fair.
Usually with pain and suffering we just have to grin and bear it I think. If he hurt you, he should pay though.
If nobody is hurt in the accident. I would calculate the price of how much bondo it will atke to fix it, then maybe ask for 5 times that.
2006-11-18 01:06:02 · answer #1 · answered by kurticus1024 7 · 0⤊ 0⤋
Pain and suffering is determined on a case-by-case basis. How much you might receive after a jury trial varies widely. A jury in California might award you more than say a jury in Texas.
Lawyers have access to research tools that tend to show what juries do depending on the type of injury, the defendants involved and where the injury occurred. Hire a lawyer rather than relying on the advice you receive in this forum.
If you were in California, 2-3 times the amount of the medical bills is often used by many lawyers as a guideline for settling P&S claims.
2006-11-18 09:17:23 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Your very Foolish, there are many Lawyers that will take this case and Not charge you a Fee until final Settlement. The most you would pay is 30% of the Payout! Having medical injuries, to yourself but mainly to your Daughter, is Long Term. You truly need a Good Lawyer, one who specializes in Car Accidents and also has a Medical Degrees, or is associated. The Long Term effects of this injury on your Daughter could return in 2 or 3 years, this is what I am explaining to you and so you need a good lawyer to settle this case with a cause for further damages if they should arise. I hope you take my advice, if not for you but for your little one... Good Luck
2006-11-18 09:08:45 · answer #3 · answered by peaches 5 · 0⤊ 0⤋
Hire a lawyer. You will be reimbursed according to your policy limits. The insurance company will file a claim against the owner of the vehicle for their money.
Any award of pain and suffering will be made by the courts or settled out of court by mutual agreement between you and the defendant. Without a lawyer you can expect nothing other than what you have gotten already.
The typical formula is to ask for millions and settle for thousands.
2006-11-18 09:10:08 · answer #4 · answered by danknow 2 · 0⤊ 0⤋
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2006-11-18 09:10:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋