Visitor Question

Approximate bodily injury award expectations?

Submitted By: Joey (Plainville, CT USA)

Another vehicle made a left hand turn at an intersection and struck my car, which received front end damage. The other vehicle’s driver’s insurance carrier accepted liability. The speed was less than 30mph.

I sustained a neck injury which was treated with physical therapy and X-rays.

The accident also aggravated a prior injury to my right lateral epicondyle (elbow) which later resulted in surgery after conservative treatment did not fix the problem.

I sustained workloss due to the surgery. My medical expenses after health insurance (no med pay in my state) were approximately $2,500.

A permanent partial disability of 5 to 10% for my neck and right elbow was verified.

I’m interested in knowing an approximation of what kind of settlement offer to expect? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Joey,

Well, for one thing, it is important to know what your medical bills were to begin with.

This is the figure that is important in evaluating the value of your insurance claim.

Your medical insurance is called a “collateral source” and the insurance carrier that is at fault is not entitled to consider payments made by this source.

Typically you would start at approximately 4 times your medical expenses as a baseline settlement, however because you have experienced permanent disability you may be able to request 4.5-5 times your medical bills because obviously a permanent disability is worth more than a temporary one.

Continue working with the insurance adjuster assigned to your claim and submit your demand to him/her.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 4, 2010

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