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 Posted: Tue Sep 22, 2009 9:58 am Post subject: What should the pain and suffering portion be? |
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| I was in a wreck in Illinois and was not at fault. The damages to the car were 2000. It was at about 35 mph. I went to the ER. Gave me pain meds and told me to see my dr asap. Saw him the next day and he refered me to physical therepy. I had nine sessions. Went back to doc because shoulder and neck was still sore. Had MRI. Came back clear. Diagnosed with soft tissue damage in neck, shoulder, elbow, and lower back (cervicalgia), and lower lumbar. Doc bills around 5000. What is a fair amount in this case to ask recieve in pain and suffering? |
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arbe79
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Joined: 22 Sep 2009
Posts: 2
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| Posted: Tue Sep 22, 2009 11:38 am Post subject: |
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Most people think of pain and suffering as an extra settlement withing the settlement. In many cases it is, but many either try to extort the amount or have the wrong information on what to ask for and how much. Sometimes your pain and suffering can only be partialy put to a dollar figure. You can sometimes only get the full amount of the damages that you requested for hard costs. For example, the pain and suffering you have can be detrimental to your job if you return to work only partially recovered from your injury. You can request that the suffering is costing you income and that it is added to the punitive damages.
How has your life been changed. Temporary or permanent? Pain and suffering and the way your life was affected by it increase the punitive damages. More damages will arise the longer the injury is left untreated, and damages increase with the number of areas in your life that are impacted. Damages will also increase if there is scaring or permanent injury. There cannot be any doubt and the defendant's fault has to be clear. There has to be lasting effects and severe injury. Gross negligence almost always has to be the cause of the accident.
You must document everything, no matter how small. Just saying your hurt and that your injuries effect you everyday is not enough without extensive and detailed documentation. |
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Trench
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Location: Kansas City
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| Posted: Tue Sep 22, 2009 8:37 pm Post subject: |
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| Yeah, I am not trying to extort anything. I just want a fair amount of compensation for the loss of ability to work around the house, play with my kids etc, |
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arbe79
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Joined: 22 Sep 2009
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