pain & suffering

[steel9]

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

I was in a auto accident 7 months ago & i got whiplash. I visited the hospital 15 times (10 for physical therapy) & im done with treatment. I also had headaches & mental anguish. The med bills totaled $3,700.00. What would be a fair amount for pain/suffering ? The at fault ins co admits 100% fault & the property damage to my totalled car was $1,650.00. Also if i agree verbally (on phone) to the settlement offer & change my mind am i legally binded ?

 

[ecmst12]

You're not legally bound to anything until you sign the release. But don't expect a lot of money for your minimal injuries.

 

[steel9]

Is $3,000.00 for pain/suffering a fair amount to ask for ?

 

[ecmst12]

You can ask for whatever you want, but you'll be lucky if you get that much.

 

[steel9]

The at fault ins co offered me 3k for pain/suffering. Is that ok for 7 months of hospital visits (10 physical therapy), mental anguish & headaches ? Why not 4 or 5k ?

 

[chrismiles]

I would say that you should expect about $1500 dollars plus your medical bills. They know that if you to court and $3000 your lawyer will get at least half of that anyway. Courts don't like it when people who are now healthy try to get lots of money so you might get even less and still have to split it with your lawyer. Unless you have a perment injury that is a true disability you won't get much. But at least you got some free physical therapy.

 

[steel9]

I was looking at small claims court. Im sure i would get more then 3k for pain/suffering plus medical bills. I was thinking 4-5k for p&s.

 

[ecmst12]

You are DEFINITELY wrong about that. Judges hate people who waste the court's time trying to win the lawsuit lottery for minimal injuries with no permanent damages.

 

[racer72]

I was looking at small claims court. Im sure i would get more then 3k for pain/suffering plus medical bills. I was thinking 4-5k for p&s.

You won't get anything for pain and suffering in small claims court. SMC allows for claims for actual monetary losses only. P & S is an arbritary monetary amount because you will not be able to prove a specific loss. If you decide to use a higher court, you will not find an attorney that will take such a minor case on contingency. It will cost more than you want to hire an attorney, then you end up with nothing.

 

[steel9]

After some checking small claims court is out. I dont see why a attorney would turn this case down.

 

[racer72]

After some checking small claims court is out. I dont see why a attorney would turn this case down.

If you want to pay the full cost of the attorney, you will find many that will take the case. The only problem is it will cost more that what you want, a typical attorney is going to charge 3 to 5 thousand for a simple personal injury case, even more if there are other factors. No judge is going to award "reasoable attorney fees" in that amount on a case that is only worth a few thousand at best. Go talk to a few, most give free consultations. Don't be surprised when most tell you it is not worth their time or that the return is not worth the effort. Most will tell you to take the 3K and move on with your life.

 

[steel9]

I dont understand why you say this case is not worth much. I went through 7 months of pain as well as severe headaches & mental anguish. Many people have told me i have a good case & should get more then 3k for p&s. I still havent signed off. For me to at least get 5k for p&s what would the settlement have to be incl $3,710.00 for med bills ? I just dont want to screw myself.

 

[ecmst12]

You don't get a ton of money because you had minor and more importantly TEMPORARY injuries. Whatever more money a lawyer gets you will be absorbed by his fees.

 

[steel9]

I dont consider whiplash minor but it looks like the ins companies & attorneys do. Im thankful it wasnt worse. Its just something else how some people say i can get 10-50k.

 

[ecmst12]

"Some people" are stupid. Talk to some people with REAL injuries and you'll understand how lucky you were to get away with only whiplash. Imagine if you'd had an actual spinal injury and needed surgery and would have limited motion and chronic pain for the rest of your life. What you had is nothing.