How to formulate pain and suffering amount?

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PostPosted: Fri Apr 20, 2012 6:28 pm   Post subject: Rear Ended in 2010  

I also was rear ended at a stop light 2 years ago coming up in september. I initally was sore and saw a chiropractor. after about 2 months of seeing him the pain just got worse. I saw my normal physician and went through phys therapy and also had a mri done. The results were mild disc dessication at the L4 L5. My doctor then told me it would be common for up to a year to have pain. But I found out only after reading the report of the MRI that i had disc dessication. I waited a year dealt with the pain and tried my hardest to not think about it. Exactly one year later I went to a orthopedic specialist and after having a x-ray done he showed me my disc in the L4 L5 and it showed Degenerative Disc Disease. Im not a doctor but the discs were practically gone and my doctor advised of possible surgery. I still have not settled the claim and am very weary of having back surgery. On occasion I would feel a shooting pain down my legs and once in a while numbness/tingling. 2 days ago the shooting pain has decided to stay in my left leg radiating from the top backside of my left thigh down to my ankle. The insurance company offered 28k before i say the orthapedic but am curious how the medical bill will be taken care of if surgery is needed in the future.


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JWBASS
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PostPosted: Tue Jun 19, 2012 6:02 pm   Post subject: do i have a claim?  

My 5 yr old & I were hit by a car, he got bruises I got neck & back pain. In FL will I get pain & suffering? My pip is exhausted


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kalex2012
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PostPosted: Tue Jul 31, 2012 4:28 pm   Post subject: Car Accident  

I was rear ended about a week ago in a company car. Neck and shoulder pain was diagnosed by the workmans comp doctor. Im 59 years old and had neck surgery 10 years ago, where the surgeon fused my C-5 and 6. I was pain free until a week ago. What can I expect as far as any claims of a pre-existing injury by the other drivers insurance adjuster?


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Becky
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PostPosted: Wed Aug 01, 2012 12:08 pm   Post subject:   

Quote:
What can I expect as far as any claims of a pre-existing injury by the other drivers insurance adjuster?


This is a Workers' Compensation claim. You have nothing to be concerned with. It is a new injury and although there may be complications due to a [distant] previous injury, WC is not affected by that. If the other party's insurance company (or its representative) contacts you, simply refer them to your employer's WC carrier or administrator. Let them handle all the inquiries, and stay out of this unless you are told otherwise.



You have the right to go after the at fault party for your injuries, but your WC insurance provider also has the right of subrogation to be paid back 100% of the expenses it has paid on your behalf. Don't overlook this fact if you choose to obtain the services of a personal injury attorney -- they don't always pay attention to that fact, negotiate a settlement without those dollars accounted for, and their clients end up getting a very small fraction of the total settlement as a result, not the 60%-65% they thought they were going to get.


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PostPosted: Thu Sep 27, 2012 3:12 pm   Post subject: My Pain and Suffering  

I was involved in an accident where a driver did not yield the right of way and ran into me as I was proceeding through a yellow light. Both bones in my right leg were broken. I just graduated high school May 2012 and was working on a farm while waiting for a job as a welder. I was making $380-$400 weekly on the farm. My hospital bill totaled $28,000 because i had surgery and had rods put in my leg. My insurance co covers $15,000 of it per my policy and $13,000 is left for my health insurance and then I pay what they don't cover. It will take 4 to 6 months for my leg to heal according to the orthopedic surgeon. Three and a half weeks later, my welding job called for an interview and I had to tell them that my leg was broken and could not go. What should my pain and suffering and lost wages be?


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james493
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PostPosted: Fri Sep 28, 2012 5:54 pm   Post subject:   

No one here can answer the question about how much your "pain and suffering" is worth.



As far as your lost wages . . . well, no one can be certain that you would have been hired as a welder (since you are just out of high school, I assume this was going to be an apprenticeship), so you cannot claim those "prospective" wages. If you cannot work on the farm and earn "$380-$400" weekly, those are your lost wages x the number of weeks you are off work. 6 months = 26 weeks x $400 = $10,400 (some people say multiply that plus your medical expenses times two or three as an amount for your pain and suffering). But you won't know that for sure until you are released to go back to work -- could be sooner or could be later.



Or, God forbid, it could be never . . . which would certainly be worth much more than $10,000.



You just may need a personal injury attorney on this one. Depending on the state in which you live, you will have at least one year (two or more in most) from the date of the accident to sue the at-fault party for your damages, so there is no rush to settle your claim today.



It does not cost anything to seek an attorney consultation for a case like yours. You could go to three or four different ones to see who you like the best, who would do the best job for you, or the one who lies to you the most and tells you you're going to get millions of dollars and will never have to work again.



Just remember that you really don't need an attorney until you and the insurance company involved cannot agree on a settlement. When you hire an attorney, you will be agreeing to let them take 30%-40% (or more) off the top. And you will also be agreeing to reimburse your insurance companies (auto, health) for their claim expenses on your behalf that were the responsibility of someone else. So they can have 100% of what they paid for your injuries. By the time those two or three things are taken care of, you could end up with $1 in your pocket . . . and who was it that suffered the injuries?



So, with a little assistance from others with some experience perhaps, you ask the insurance company involved for the most you want to make things "go away quietly." If they are unwilling to give you that much and won't compromise with a number that you feel is adequate, you can then sue the at-fault party, and take your chances in court. And possibly give up what you could have had from the insurance company all along.



If your hospital and doctor/surgeon bills are $28,000, your lost wages $10,000, the total you might be willing to accept, including pain and suffering could be $50,000. You will owe the $15,000 your insurance company has paid back to them. You will owe the $13,000 unpaid balance to the hospital and/or doctors. You would net $22,000.



To get that much with the assistance of an attorney, your settlement would have to be at least $72,000 (with a 30% fee). If the attorney did no better than to get you the same $50,000 you could have had on your own, the attorney will get $15,000 or more off the top, everyone else will get paid, and you will end up with $7,000 or less (unless you get the hospitals and doctors to take smaller amounts).



Guess who wins?



Not you.



You may be young and relatively inexperienced, but that doesn't mean you cannot stand up for yourself (once you leg is healed!). Stick to your guns if you are going to try to settle this without an attorney. You'll probably do just fine on your own.



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PostPosted: Sat Sep 29, 2012 9:41 am   Post subject:   

So what if you work for yourself and can't show taxes to "prove" how much you make. Does the insurance company then get to not pay for lost wages?


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HoustonTX
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PostPosted: Sat Sep 29, 2012 2:29 pm   Post subject:   

If you are self employed and not filing tax returns, are you evading income tax, too? Your comment is that of a fool.



Quote:
Does the insurance company then get to not pay for lost wages?


Yes, that pretty much sums it up.



In order to be paid for lost wages, it is up to YOU to prove your loss. The insurance company does not pay whatever you ask for without "proof of loss". No tax returns, no W2s, no paystubs, no records of deposits to a checking or savings account = NO PROOF OF LOSS = no payment .



If you lose time from your "work" due to an injury (caused by you or someone else) what other proof of your "lost income" do you have? YOU are responsible for PROVING your loss, you cannot merely say, "My boss is a real cheapskate . . . he doesn't even pay me when I work . . . oh, by the way, my boss is me."



If you had a record of income, then you might be able to say, "See, in the last six months before I was injured, I earned $100,000," and that would support a contention that in the next six months, if you had not been injured, you might have earned another $100,000. But you cannot simply say, "I might have earned $100,000" if you have no way to show a past record of having earned it to begin with.



It's just as true in Texas as it is in the rest of the real world.


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PostPosted: Tue Oct 09, 2012 10:41 pm   Post subject: soft tissue  

first of all the adjuster that just stated that soft tissue injures or quote " Most soft tissue injurys will (in truth) resolve themselves within 30-60 days or so" " is way to general to be a rule of thumb to go by...best case yes but when your slammed by another driver something in your body has to give. soft tissue refers to tissues that connect, support, or surround other structures and organs of the body, not being bone. Soft tissue includes tendons, ligaments which can be ripped by the sudden impact. THOSE DO NOT HEAL ON THERE OWN!

im going threw this right now and as far as im concerned i dont think 9000 is a bad figure. they totaled my car but i had 10000 payed into it that now i have nothing to show for it and i live in the country an have to beg for a ride to go anywhere. my entire life and my sons have been turned upside down i have therapy still and they now think that the rotator cup in my shoulder it torn...thats soft tissue and will not heal!!

i have talked to many other people that have been hit from behind like this an some were 5 to 10 years ago, they tell me i will deal with pain and feel weather changes in my injurious the rest of my life!? im trying to get back in shape to recover the best i can but really.. its hard to put $ on it but i do know that im put off by the insurance co thinking its ok for me to be out that $i payed into my car...that i loved and now have no ride? Yea they covered the value of my car when they totaled it an they hauled it away to go to an auction so they can sell it and recoup part of that. which my car was in mint and fully loaded so what they gave me for the value they will likely make a big chunk back. but the money i payed in is gone...im really a bit cranky about that.

dont let them down play your issues that were caused by the accident. Fact is ...there a company and there there to make money. its cold but they really dont care how you feel.

do your research, ask around and find others that have been threw the same. Two that i talked to the one had a lawyer and got 10,000 the other had a no layer and got 9,100 after a bit of a drag out. they both had hurt back and neck. it is a big deal, thats why your body hurts. dont be afraid to talk to a lawyer! Its ashame that we have to go threw these hoops to right this and be back where we started before the accident. I feel for what its worth...we should be restored to where we were before we were hit...ex. i want a settlement that despite it all at least gives me back what i payed into the car so i can quit relying on others to get around. jus sayin


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PostPosted: Tue Oct 09, 2012 10:56 pm   Post subject:   

Quote:
i dont think 9000 is a bad figure. they totaled my car but i had 10000 payed into it that now i have nothing to show for it . . . i do know that im put off by the insurance co thinking its ok for me to be out that $i payed into my car...that i loved and now have no ride?


What you paid has nothing to do with the value of the vehicle. How much you loved it has nothing to do with the value of the vehicle. What the insurance company does with the vehicle after you accept their offer has nothing to do with what you were paid to settle that aspect of the claim.



That you have "no ride" is not the fault of the insurance company. They paid you $9000. Why didn't you use the money to purchase another vehicle as a replacement? You don't even tell us what kind of vehicle it was, what accessories it had, what model year it was, how many miles were on the odometer. If you thought $9,000 was fair, you have nothing to complain about as far as your vehicle is concerned.



Auto insurance does not promise you a new car if yours is "totaled" in a collision. A judge won't give you a new car courtesy of the at-fault party either. You are entitled to the Actual Cash Value of the vehicle, which is its market value minus depreciation.



As for your soft tissue injuries, no one here can tell you what that's worth. You obviously have a number in mind, so ask for it and see what happens.


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PostPosted: Thu Dec 06, 2012 8:54 pm   Post subject: accident settlement  

I was involved in a accident where the far I was a passenger turned in front of motorcycle. He hit us on my side in the rear. I went to the ER twice. The first time I was just physically examined and sent home with pain meds for my back. Two days later I went back but was xrayed for 8 different images then sent home with meds. I feel fine now and I'm not in pain. How big or small of a settlement could I stand to receive if I don't receive any additional medical treatment. I will not receive any loss of wages reimbursement


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ready2moveon
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PostPosted: Thu Dec 06, 2012 10:29 pm   Post subject:   

How much do you want? You are entitled to have your medical expenses paid in full (to the extent those were paid by your personal health insurance, you must repay that to the insurance company). You have stated that you have no lost wages to recover.



Everything else you want is in a category known as general damages. If you have not been permanently disabled or disfigured, your damages are very small. A few hundred dollars to a thousand, maybe. You're not going to retire on this one.



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PostPosted: Thu Jan 10, 2013 8:02 am   Post subject: questions thinking.  

I was going to work at 5 in the morning in the freeway in city speed limit, the traffic stared to slow down while we was slowing down out of the nowhere we got hit by a 8 wheeler mack truck. After a week we went to a lawyer office and explain everything, well the lawyer sent u to the chiropractor and the chiro, send us todo an MRI then finish that went to he chiropractor for a while and then went to get shots for the pain I had on my shoulder. Well I was think how much could I get of this lawsuit? Pls help.... thank you .


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asking for help
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PostPosted: Thu Jan 10, 2013 8:04 am   Post subject: questions thinking.  

I was going to work at 5 in the morning in the freeway in city speed limit, the traffic stared to slow down while we was slowing down out of the nowhere we got hit by a 8 wheeler mack truck. After a week we went to a lawyer office and explain everything, well the lawyer sent u to the chiropractor and the chiro, send us todo an MRI then finish that went to he chiropractor for a while and then went to get shots for the pain I had on my shoulder. Well I was think how much could I get of this lawsuit? Pls help.... thank you .


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asking for help
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PostPosted: Thu Jan 10, 2013 6:36 pm   Post subject:   

You have an attorney. Ask him.



Your first mistake was going to see the attorney and the chiropractor. Good luck.



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