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Pain/Suffering & Medical recovery

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BSJM

Member
What is the name of your state (only U.S. law)? Ca

I won't bore you with the detail of my motorcycle accident claim but I do have a question. How do I maximize the amount that the insurance company pays me for pain/suffering and medical payments? My medical payments are documented and I'm sure I will be compensated as such. I was seen in the ER after the accident and was x-rayed for a possible elbow fracture. No fracture occurred. I was seen again after 6 weeks since my arm was still experiencing pain and I had limited use of it(hard time picking up even slightly heavy objects). Only after 5 months did the pain and limited use problems go away. I am now ready to hear their offer. When I asked the agent how they derive an amount, she said it was based on medical records, pictures, and time of recovery. She also said that she has a range to work within and that I should start thinking about what amount I think is fair. This process reminds me of buying a car. I don't want to offer up a number and have them say "done, sign here". I'm aware that they will offer me a lower amount than what they are ultimately willing to settle for. What are your suggestions for negotiating this process? BTW, no lawyers are involved as my injuries were not very serious.
 


ecmst12

Senior Member
For something like this, don't set your expectations very high. You had pain, but no continuing treatment for it, you had basically 2 exams and then it got better on its own. Unless you left something out, that is. It is a negotiation process though. Ask for more then you think you can get and hopefully settle for something you find fair.
 

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