How much to expect for pain and suffering?

Question

My mother just got into a bad car wreck-she was hit by a driver who ran a red light. She's having to spend two weeks in the hospital and will have at least 2 months of physical therapy. Her pelvic bone was fractured in many places so there will be a lot of physical therapy. But she will have to spend a couple weeks in a wheel chair and then on to using a cain until she is fully recovered. (other injuries included punctured and collapsed lung and broken collar bone).
How do we calculate the amount to ask for pain and suffering?
Someone said to take the amount of all medical costs and lost wages and times that by 2-and that's what to ask for. I'm not sure how all of it works and when the insurance company gives an amount to settle, how will I know if it is fair or not?

Answer 1

For years I have heard about using a multiplier on the special damages (her bills times 2, 3, 5, etc) to determine the settlement amount. This is not how claims are settled.

As for the help your agent can provide, that will depend on who your agent is. Some agents have a good understanding of the claims process. Others are just sales people.

It isn't often that I recommend this. It sounds like your mom's injuries are pretty severe. If she does not have much experience dealing with these types of matters, it might just be best to find a 'decent' lawyer. You are looking at complex issues such as underinsured motorist coverage and potential excess damages. The key is to find a 'decent' lawyer. He won't be the one with the big ad on the back cover of the phone book.

Good luck

Answer 2

Before you get excited about any amounts for pain and suffering, you might want to find out what monetary limits are on the insured's policy. From the sound of your mother's injuries, they will be quite expensive in terms of medical costs.

If the other driver has a minimal liability coverage for such situations, the insurer isn't going to give you a penny more than the driver was covered for. Any excess would have to come directly from the assets/funds of the driver himself.

You are certainly entitled to sue for any excess, but if the driver is of simple means, you will have a judgment against which you will probably not be able to effect collection.

Check it out thoroughly.

Answer 3

You don't. She'll have to talk to her agent. The MOST you're going to get from someone else is their policy limit. They might not even have any insurance.

You MIGHT be in a no fault state, or you MIGHT be in a state where you can limit your ability to sue for pain and suffering (limited tort).

If her medical bills are that high, the other party could EASILY not have any money left after paying medical and rehab, for any kind of pain and suffering payments. Less than 10% of people carry more than $100,000 of liability coverage, and it sounds like her medical could exceed that.

SO, you're going to have to wait a while and see. My guess is, she's going to be 3-6 months before she's in a position to ask for a settlement (aka, until most of the medical has been figured out). Then I'd just sit back and wait to see what the other company offers.

HER AGENT is going to be the best person to talk to, and her adjuster - from HER insurance company, will be the second best.