How Can I Increase My Personal Injury Claim?

by Brandon

I was traveling to work on the highway. A man in a truck hit me in the rear totaling my car and injuring my neck, shoulder and lower back. The insurance offered me $1,800 for pain and suffering, and for lost time. I think it should be more like $6,000 due to the fact that I can't do anything physical for a month and need more medical treatment.

How can I get more for my claim?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "How Can I Increase My Personal Injury Claim?":


Rear end collisions, even at slow speeds can result in serious head and shoulder injuries. The facts as you present them make no mention of representation by an Attorney. With that in mind we will proceed to discuss the issues with you. A “rule of thumb” in automobile collision settlements is 3x times the amount of the medical bills. Pain and Suffering are usually included in that amount.

If, let’s say, your medical bills were $5,000.00 dollars your claim might be worth approximately $15,000.00 dollars. But before settling for that amount you should be take a realistic look at the cost of future medical treatment. That future amount should be added to your medical bill demand for settlement.

So if, let’s say, your “future meds” will approximate an additional $5,000.00, then the demand for settlement should be $30,000. Add to that your past and future loss of wages and any out of pocket expenses you incurred or will incur as a result of the injury and your settlement demand should be even higher. You can't add loss of wages and out of pocket expenses to the medical bill demands.

Out of pocket expenses can include things like the approximate cost of gasoline you used while driving back and forth to doctors’ appointments, parking fees, medicine or other health aids like heating pads. The lost wages and out of pocket expenses should be settled as close to dollar for dollar as possible.

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

Best of luck,

Judge Calisi

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Comments for How Can I Increase My Personal Injury Claim?

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Question about who pays and how much ...
by: Anonymous

I attended a city event and a 30ft temporary metal fence fell down and nailed my entire body. I am suing.

I have 2 protruding disks as well as issues from C3-T1. I canceled a 2 level fusion in my neck to try a cervical pain stimulator. Who will have to pay, the fence company or the city?

My medical bills are over $200,000 now and future bills on the low side could be $600,000 for future stimulators to replace the old one.

What is the most I could possibly get for this case?

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