by dscott74 » Mon Dec 31, 2012 03:00 am
I was rear ended in Kentucky (I live in Indiana) and my car is a total loss ($3100), the other driver's insurance has claimed liability. I did not sustain any serious injuries, but did go to the er ($1500) to be checked. I had whiplash and was sore for about 2 weeks. Should I ask for pain and suffering compensation as part of the medical claim and if so, how much?
Posted: Mon Dec 31, 2012 07:47 am Post Subject: pain and suffering
Yes, you can claim for pain and suffering. Soft tissue injuries like whiplash are usually included as a part of personal injury compensations. Unfortunately, the claim amount is subjective. if you're considering a settlement figure, you can claim for around 2.5 to 3 times of your medical bills, along with the out-of-pocket expenses, lost wages and attorney fees (whichever applicable).
Posted: Mon Dec 31, 2012 12:15 pm Post Subject:
attorney fees
This assumes a civil complaint has been filed. In the present instance, that is unlikely,
Posted: Mon Dec 31, 2012 03:41 pm Post Subject:
This assumes a civil complaint has been filed. In the present instance, that is unlikely
Even then, attorney's fees are almost never owed. Just as the injured person can always file suit as it's their right, the at fault party is entitled to a defense. The losing side almost never has to pay the other parties attorneys fees. There are few exceptions.
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