Pain and Suffering....how Much Should I Ask For?

I don't know how much you should ask for, but I hope you get as much as possible. And don't even think about being greedy - you deserve every penny of it. This piece of trash drunk driver could have killed or maimed all of you and he/she deserves to be taken to the cleaners.

Did you go to the ER? Why did you see a Chiropractor and not a Medical Doctor? Did you have and MRI done or an EMG? The discomfort you went through was probably only partially caused by the accident, they rest was caused by delay of care. I agree with the other post. You (your lawyer) should ask for enough to cover your medical expenses (though you probably had minimal out of pocket expenses is your husband is military), any lawyers fees, and monies you paid for help with your child while you were recovering, and any wages lost from missing work (if you did miss work). Don't be greedy. The person who hit you doesn't pay you the insurance co. does and they compensate by raising rates.

I have been through this. I was at a complete stop at red light and rear-ended by a lady going 45mph....no brakes or anything...she was on her cell phone not paying attention. Luckily the cars in front of me had started moving and when i saw her coming i had enough time to take my foot off the brake. I traveled an entire block before stopping. Being an EMT I knew I would have whiplash. By the time I got home 1hr later my left arm was numb and I had excruciating pain in my neck. Went to ER for x-rays. Showed nothing. Went for PT. I had started PT before she even notified her insurance company.

I had MRI & EMG because I lost the feeling in half of my left hand. Turned out two pinched nerves (neck & elbow) from the seat belt and my elbow hitting the door . I missed 2 weeks of work after the accident (though I tried several times to go). Then I had to have surgery on my arm to remove a piece of bone and move the nerve so I could feel my fingers again. Missed 2 more weeks of work (even though the doctor wanted me out for 6) and 3 months of PT.

All I asked for was for them pay the medical bills ($20,000) that my insurance did not cover. I didn't ask for them to reimburse me for work missed because I had vacation and sick time that covered my time out. The insurance company refused. I got an attorney. Two years later, with my credit damaged because of the medical bills. The insurance ended up paying out $75,000. I received about $25,000 after the medical bills and lawyers fees. I still have problems and could not longer be an EMT because of the physical demands.

I don't think you are being greedy by taking some jerk-off that was DRINKING AND HIT YOUR FAMILY to the cleaners. I would absolutely sue for all your medical expenses, and childcare that you needed to pay for, and pain and suffering. How much? I don't know. A LOT! I am usually all "don't be greedy, don't sue people, don't clog up our courts" but I think that if someone has decided to drink and drive then they get to pay the piper. Talk to your lawyer and find out what he believes the MAX is that you can get paid and then sue for a bit more. Let the lawyers haggle it out.
L.
(I lost the tip of my finger at work a couple of years ago and was paid almost $3,000 for it. I think you should get a helluva of a lot more)

PLEASE get an attorney. You will not get the amount of money that you are deserved if you try and haggle on your own. And as for all the folks that want you to "take the guy to the cleaners" - I hope you realize that the driver will not pay you any of his own money. That is what insurance is for. He'll have to deal with the mess he made on his end (tickets, increased insurance, fines, etc.) but none of his money goes to you. In any event, you should be reimbursed for all of your medical bills (including what your insurance paid), any other incurred expense (ie, childcare, travel, prescriptions, etc), all future medical expenses that you will incur (and there is a way to calculate that), and also noneconomic damages, ie pain and suffering. That amount is what you want to make it. You could ask for the max amount that his insurance allows or over that and then your attorney would negotiate the final amount. You should also consider a claim for both your husband and daughter because they were involved too and I'd assume they had some medical expenses just from getting checked out.

I'm glad you're feeling better. Don't feel greedy when negotiating a settlement. That is exactly what insurance is for. And please get an attorney. Call the Washington State Bar if you don't know where to begin in looking for one - they will be able to point you in the right direction. And also know that you shouldn't have to pay an attorney up front. Find one that works on a contingent basis - ie, they only get paid if you get a settlement. It will be standard that they be reimbursed for their expenses and then their fee is a percentage of your settlement amount. Some people think that is a lot of money but you will get more with their help.

Good luck!!

I agree with Betty O...it is way to early to think about settling. It has only been 5.5 months and you probably do not know the full extent of your injuries or prognosis. I'm not sure about WA but in CA we have two years to file. Don't rush, it could only harm you.

Ask for how much you spent. I used to be a chiropractor assistant. It's actually very normal to not feel pain right away. We had people come in a few weeks after, sometimes. I felt so badly for the people who could not get a settlement, because they did not need treatment for a while. Anyway, I think you should get reimbursed for your medical fees, if you had to hire someone to help you with your children, or if you could not work. I don't mean to be rude when I say this, but you didn't really experience suffering. Meaning, it didn't do severe damage and now you can move on with life. If he had impaired you and you could not function normally for the rest of your life, then you should ask for more. The only reason I say it, is from experience. We saw many settlements take forever, because the person simply asked for more then they needed. Insurance companies will fight you and they have the manpower to do so. If you are getting what you paid back, you are not being greedy, or being taken advantage of.

you won't have much choice on the amount. This type of settlement is formula-based.....& for most states, it is 3-4x the total of your medical expenses/loss of wages/etc. Do not ask for a specific #.....let them toss out the 1st offer. Add up your costs/expenses & do the math prior....be armed & prepared!

During both of my last pregnancies, I was rear-ended. & that is how our total settlement was derived. On the 2nd go-round, the other driver's ins company contacted me & offered to pay the existing medical expenses prior to settlement.....clearing stating that this would not affect final settlement. It was a relief to me to have those bills cleared out!

Oh, & as a final note: I did not settle until after both babies were delivered safely. I was put on bedrest with both accidents & almost miscarried with both. It was a heartbreaking nightmare.....lasting months with each child. What are the odds that it would happen more than once?

Wait a few years before you settle, seriously. It will take that long before you know the outcome of what your medical costs will be. If you settle now, even for 50,000, it may not cover all of your future medical costs. Get a lawyer to help you with this.

Sorry, to hear about your accident! I'm so glad your husband and daughter weren't hurt. I've been in a few car accidents, and I never felt a thing until the next day. The adrenalin keeps you from feeling any pain.

If it were me, I'd probably ask for $50k. Honestly, the guy was drunk. You and your family were traumatized. You were hurt. You may have residual pain or spinal problems years down the line. Once you settle, they will not pay for any additional medical expenses.

I have no experience with insurance, but I chose the $50k number because most people have coverage of at least $50k, so his insurance should be able to cover it, and he won't have to lose his house to pay the damages.

Good luck to you. You don't sound greedy to me.

I don't know how much to ask - I think that your attorney should know that. I was in a car accident when I was 19. That was almost 40 years ago. I suffered for 35 years UNTIL I found a cranial-sacral massage therapist. After she worked on me for a while I have no after affects from the accident. I went to see a chiropractor about 12 times a year for 35 years UNTIL I saw the cranial-sacral massage therapist. Now I don't see one I only see her but not because of my neck. that is fine. I did have a back injury with the whiplash which is still bothering me (a degenerated disk) but the whiplash is gone. You have to find a very good one. I would go online to cranial sacral massage and look one up. I have had some good ones and not so good so if you live in the Portland area let me know and I will give you mine who is awesome.

N.

Whoa! I was in a fatality accident and didn't get $100k! In Washington you have three years to file suit. Treat as long as you have to, so you don't end up with lingering problems. If your car was totaled look into dominated value. An attorney will ask for three tines medical bills typically, because they take a third. So without an attorney I'd say ask for two times your medical bills. Get something for your husband and. Daughter because injuries often show up later. I'd have them treated anyway for a few months just to make sure, as you saw on your X-rays there can be damage that's not visible to the naked eye that can cause huge problem like headaches later! I'm no attorney, but work in this field and have dealt with this myself and with patients many times.

Do not let them throw out the first number, gives you such little bargaining room and their first offer is typically ridiculous like $1000 or less. If you ask for two times your bills and tell then you're consulting with an attorney but haven't yet hired one they may take you more seriously, their offer after your demand will likely be significantly lower than two times your bills so you can agree on something more in the middle range. They are NOT on your side no matter what they say, keep that in mind. Have your Chiro write a letter about future care recommendations.

You're lucky the guy had insurance, the guy that hit me had none and died on my car. It took me five years of fighting with my own uninsured motorist coverage to settle. Those nightmares alone made for prolonged pain and suffering!

I think you should interview 2 or 3 attorneys and choose one to take your case. I worked as an assistant to a personal injury attorney and I saw lots of people who took years to get better :(. So don't rush into any settlement. You won't know how much seems fair for pain and suffering until you know how many years you suffered and struggled with getting better. There are some things that may never get back to how they were. You may always have scar tissue and vulnerability in that part of your neck, which can affect your whole body... If you hire an attorney, that's one thing you won't have to worry about--crunching the numbers. Yes, you will have to pay an attorney out of your settlement, but when the insurance company knows you're on your own, they may offer you a pittance. (This also can be true if you get an attorney that has a reputation for settling for low amounts). It's not about being greedy--if you could have your health back, you would obviously take it, but since they can't give you that, money is the less-than-perfect way to compensate you.

Calculate how much you are going to have to pay for maintaining your good health for the doctors you are going to have to go to monthly to keep yourself well. Then multiply it by 12 then multiply that by 50(years). I am 12 years our on a similar kind of accident & I have to go to a chiropractor every two weeks & it's $43 each time. I go to an acupuncturist & a physical therapist alternating months they each cost $80 per appointment . So it's $166 per month for doctors appointments not to mention my time & gas money so I would round up to $170. 170x12=2040x50=102000.

Don't forget that you may have problems in the future because of this accident. Take that into account when you are setteling. Some people may make you feel bad or greedy because you might get more money then were your actual costs, but you did not cause this. And you deserve to make sure you are covered in the future.

It's really good that you are nice about this..as most people would not be.
From what I have read, different types of injuries imply different types of compensation. Whiplashes can take many other forms, too such as unbearable pain in the neck, stiff neck, shoulder pain, headaches, blurred vision, pain or numbness on some portions of the body.
The more critical and complex whiplash injuries are, the more are the claims. Basically the amount of claim depends on the recovery period and level of injury. And I believe they cover the medical expenses. Not sure about the exact amount though..sorry. Hope you feel better.

Whatever you need to cover your medical expenses.

It should cover your medical expenses and out of pocket costs.

Normally, don't they "offer" you a settlement first?

Most states have a guide-line that dictates what you can receive. They have given value to each body part and you can't get more than that. It has been the law for quite a while.

I think your attorney will tell you what he is putting in the papers and then you'll only get a portion of that.

I agree with bug, ask for what you need to cover all you had to pay out.