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Accident Claims-pain And Suffering

Discussions relating to Personal Injury Law

Accident Claims-pain And Suffering

Postby Baruti » Mon Nov 28, 2016 4:41 am

Hello, i was involved in a "T-bone" style accident where the driver ran a stop sign and hit me. I ran over a bump and a stop sign. he admitted fault and i filed a claim. His insurance company paid damages of 4050 in repairs and agreed to pay pain and suffering along with lost wages and bills... due to the accident i suffered injury to my neck back and shoulder, im still having pain and my Dr allowed me back to work per my request, cause i cant sit at home not getting paid. I don't really no how to request a number for pain and suffering, i was thinking 17000. i missed going on a trip and the opportunity to do a dry wall job which would have paid me 2700. Do i include this loss? do i include lifestyle changes since my shoulder is still hurting? I have documentation of bills and lost wages also came up with a 2 times formula for pain and suffering. I'm not trying to become rich i just wanna get what my loss is worth to me... Thanks
Baruti
 
Posts: 48
Joined: Sun Feb 09, 2014 12:08 am

Accident Claims-pain And Suffering

Postby Feagh » Sun Dec 04, 2016 8:16 am

Hi Daniel,

All states have a Statue of Limitations within which an injury claim must be settled or a lawsuit filed or you forever lose your right to recover for any injuries.

The statue of limitations is one year in Tennessee, Kentucky and Louisiana.  About 50% of the remaining states allow two years and the balance have limits from three to 6 years.

If you have suffered a major injury that will require long term treatment, possible disability and a major change in lifestyle, you should consult with an attorney.

If you have recovered to the point that you wish to setttle and do not desire to secure an attorney, I will give you as much information as possible.

Insurance companies do not have a 'formula' for settling injury claims.  Each claim is settled on it's own merit, depending on the injury, type and length of treatment and length of recovery period.

If your treatment was by a Medical Doctor and prescription Physical Therapy, it has more value that treatment from a Chiropractor.

The entire insurance industry is extremely anti chiropractic and will place a much lower settlement value for the chiropractor portion of your bills.

Although the insurance company doesn't use a formula to settle your claim, you do need some kind of a formula to determine the amount of your initial demand.

Over the past 47 years, I have found that the following seems to work quiet well based on the experiences of my own clients and people who have ask this question on the insurance board.

Total all your medical bills, prescription drugs, documented lost wages and the cost of travel to secure treatment at $0.46 per mile.

Multiply this total by 3.2 and make your demand for that amount.

This is more than you can expect to receive, but it is a starting point for negotiating a settlement.

Through the negotiation process, you should be able to reach an agreement of between 2.5 and 2.75 times your totals and this settlement will include your medical bills, lost wages and pain and suffering.  If any portion of your bills are Chiropractic, you can only expect an offer of 1.2 to 1.5 those amounts.

I hope this information has been of help.

Your feedback by rating my answer will be appreciated.

Sincerely,

Bennie

San Francisco Bay Area
Feagh
 
Posts: 40
Joined: Wed Feb 19, 2014 2:28 pm

Accident Claims-pain And Suffering

Postby Bradwen » Tue Dec 06, 2016 3:13 am

Hello, i was involved in a "T-bone" style accident where the driver ran a stop sign and hit me. I ran over a bump and a stop sign. he admitted fault and i filed a claim. His insurance company paid damages of 4050 in repairs and agreed to pay pain and suffering along with lost wages and bills... due to the accident i suffered injury to my neck back and shoulder, im still having pain and my Dr allowed me back to work per my request, cause i cant sit at home not getting paid. I don't really no how to request a number for pain and suffering, i was thinking 17000. i missed going on a trip and the opportunity to do a dry wall job which would have paid me 2700. Do i include this loss? do i include lifestyle changes since my shoulder is still hurting? I have documentation of bills and lost wages also came up with a 2 times formula for pain and suffering. I'm not trying to become rich i just wanna get what my loss is worth to me... Thanks
Bradwen
 
Posts: 58
Joined: Sat Jan 11, 2014 11:08 am


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