Pain and Suffering?

Question

My husband was in a car accident in April. It was the other man's fault (he ran a stop sign that crossed a highway). Our car was completely totalled. My husband only had ... i guess minor injuries. The most damage was done to his knee. Which he still has soreness now. All my husband's injuries healed slower because of the fact he has to take blood thinners. Other than his knee he had a sore neck and just bruises and cuts. His hospital bills come out to around six thousand dollars. The other man's insurance company is hassling us about signing off on this quickly. She actually asked if she just paid his bills alone if we'd settle. But I know that we should get something for pain and suffering. I mean, this wasn't our fault. But I don't know how much to ask for. Lawyers have said triple your hospital bills and ask for that, but the insurance woman (before I even mentioned the times three thing) said that triple is not realistic. So what is? What should I ask for?

Answer 1

As far as I know, there is no specific formula for "pain and suffering" payment, but as bostonianinmo said, your husband's injuries were not serious, so 3x sounds a bit unrealistic. On the other hand, if he lost any wages (work time) because of the accident or the resulting injuries, I believe the insurance company is liable for that too. Also, if he is still having soreness, you may want to have the knee looked at again to make sure it's really completely healed. Even if so, this may be an indication of nerve damage. Just remember, the insurance companies like being profitable so they will try and talk you out of anything they can, even if it is rightfully yours. Good luck!

Answer 2

Triple is unrealistic. Let me give you a reverse example. I had a claim where the VALUE easily was triple the meds. I offered this amount up to the attorney and the guy rejected the offer claiming he could get more from a jury. Well, they went to court and the jury verdict was actually LESS THAN my initial offer of triple the meds. My point is this: there is no right or wrong way to 'factor' pain & suffering. The amount you settle for is the amount that is agreeable to both your husband and the insurance company. So what should you ask for? Pick a number and negotiate from there.

Answer 3

Triple is absolutely positively unrealistic. The only time it becomes realistic is if someone is permanently injured to the point where they are paralyzed, disfigured, dead, etc.

Let me tell you how quickly someone with is NOT injured at all and has a itty bitty scrape on their bumper ( i see it all the time) can rack up 10k at the chiro in order to try to pad their claim. They would be lucky if that was even covered!

"Pain and suffering" is really only for those permenantly injured with a permenancy rating. IN reality your husband is only owed medicals paid and reasonable future medicals. Please dont expect a fortune out of this.

That being said.. they will likely throw him a few thousand over meds for future medical in order to settle.

Please understand that your claim is MAYBE worth 8k at most. People watch too many lawyer commercials or hear these tall tales of big settlements (or hear things lawyers say in order to gain clients and try to get money!)

I suggest you get a reasonable figure (again.. maybe a few thousand over medical.... 8k would be something to aim for) and counteroffer the company.

I cant stress enough that you will NEVER EVER get 3 times over medical in this case.

Answer 4

Ask for triple, settle for half. Try to negotiate somewhere in between. If they've rejected your demand for 3x, ask them to make a reasonable counter-offer.

Your husband's injuries while inconvenient are not serious. A claim this size is not worth hiring a lawyer over.

Answer 5

Go retain a lawyer and quit asking "us hackers" this question.