How to formulate pain and suffering amount?

by Guest » Thu Jan 08, 2009 04:11 pm
Guest

I was involved in accident back in july where car ran red light and hit me as i was passing through my GREEN light. I was injured and set in ambluance till my son arrived then he took me to hosiptal. Had sore chest and side from impact and air bag and seat belt. SO my doctor 3 days later with pain more serve gave me pain pills and stay out of work for week. Went back to work and by the end of that week was in very bad pain from back muscle spasms. Went back to doctor he did xrays gave me more pain pills and muscle relaxers. Have seen him 3 more time and he sent me to physical therapy which i went to 7 times. ( hard to do when you have no car and have to beg for rides!) My car was totaled ($6,456). Was out of work for a total of 6 days ($593). Total of medical bills and physical therapy was $2340.
Was finally released 5 months later so insurance adjuster offered me medical ($1990)lost wages ($472) and pain and suffering of $2014. I told that was not acceptable because to begin with she didnt have my med. bills correct and my lost wages were not correct . I told I would get back to her with the correct information she needed. I sent her a demand letter attaching all the correct information and asked for $18,000 ( I know this is high but just a starting place) for pain and suffering .
Any suggestions on a meet in the middle amount!! Im thinking around $9,000? Thanks for any advise with this.

Total Comments: 74

Posted: Thu Jan 08, 2009 04:43 pm Post Subject:

Well, I'd have to say that I find your plan to be pretty much perfect.

I can't speak for the $9000 as many other factors come into play, especially the location of the accident (where you live). If I had to take a wild guess I'd say it would be difficult to get close to $9000 as the treatment is for a soft tissue injury and probably has little to no permanency to it. If it did, then I'd say $9000 would be in the right range. My _guess_ is that the adjuster wants to be closer to $5000 to $6000. That is, with $3000 in meds and loss wages. I _think_ anything above that would be a battle.

Posted: Fri Jan 09, 2009 12:40 am Post Subject:

Tscope, If your boss sends in a form stating your lost wages doesn't the insurance company have to pay you the full amount or are they allowed to try to bargain? If so then his boss could fill out a form and get what is due to him.

Posted: Fri Jan 09, 2009 02:39 am Post Subject:

I would think that the insurance company would have to pay what the boss is reporting as lost wages, I don't think this part of a settlement is negotiable.

Posted: Fri Jan 09, 2009 05:39 am Post Subject:

Dear tcope, I'd rather think that the $5000-6000 would be a good deal had it not been the additional visits, associated check-ups and those 7 phy. therapy sessions. How much do you think would then be worthy of it had there been no phy. therapy at all?

Posted: Fri Jan 09, 2009 09:26 am Post Subject:

katwalkr, IMO one should ask 3 times of the total medical bills for pains and sufferings at the beginning of the bargain. I'd agree with Tcope, with total medical bills worth of $2340, getting $9,000 towards the claim would be an uphill task. You may find it hard to convince the adjuster that you feel that 9k is the right amount to compensate you.

Posted: Fri Jan 09, 2009 10:25 pm Post Subject:

I was told by the other insuracnce company after a wreck that it is a common misconception to figure the value of a claim at three times the medical bills. I don't know if they were just telling me this to keep the demand down. I have also heard it to be three times the amount. It is said that this is where to begin negotiations. Does anyone know the truth behind this?

Posted: Sat Jan 10, 2009 12:09 am Post Subject:

A person can have an MRI for $1000 and 2 x-rays for $250 and walk away from the ER with a $3000 bill and be perfectly fine. Another person could have a soft tissue injury or a broken ankle, be in pain and have $3000 in medical expenses. Who should be paid more for their "pain"? Are both injuries worth the same $9000/3x the meds, settlement?

I'd like to think that adjusters and attorneys use some other means to determine what an injury is worth other then taking the medical bills and hitting a few numbers on a calculator.

Posted: Sat Jan 10, 2009 12:21 am Post Subject: re:

Compel us, kat, why do you think your claim is worth $9,000? If you can convince this forum, I'm sure you can convince the adjuster.

Posted: Sat Jan 10, 2009 02:21 am Post Subject: insurance

I would think WHATEVER amount you ask for (Medical, Pain and Suffering, etc.) you would have to have SOME kind of proof. I mean,.......what ever your Medical bills are, can the Insurance Adjuster 'go from that' how much Pain and Suffering was involved? Your Dr's bills, etc......that should tell them, as well.

Posted: Sat Jan 10, 2009 09:31 pm Post Subject:

My aunt was rear ended, she went to physical therapy and pain clinic, two years after the accident the insurance company wanted to settle for $7500, she ask what if she refused it, they said that it would go to court and she would probably lose. Well, she refused the offer, about two weeks later they came back and offered her $25,000, so in her case it worked out.

Seems like $7500 is the standard offer for any injury these days. Do you find that to be true?

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