Visitor Question

Pain and suffering for cracked rib?

Submitted By: David (Marretta, GA)

I was on a motorcycle, stopped while waiting to yield into traffic when a lady hit me from behind with her car. I actually went through the air and came back down on the bike, then fell to the ground.

I went to the hospital and had a CAT scan which found I had a cracked rib. It has been very painful and I’ve been out of work for 3 days. I went back to work and am suffering through the pain because I’ve got bills to pay.

My bike has over $10,000 worth of damage, not including my medical bills. I’m wondering what’s a good amount to ask for my pain and suffering? Am I allowed to ask for money for my days off work? Thanks for any information you can give.

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 David,

The minimum automobile liability limits set by the state of Georgia are 25/50/25. These amounts represent bodily injury liability of $25,000 per person, $50,000 per occurrence, and property damage liability of $25,000 per occurrence.

In your case, the other driver was clearly negligent. As a result, there should not be any controversy about liability. Presuming she was carrying insurance at the time of the collision, there will be sufficient insurance to cover the repairs to your motorcycle.

You also have a right to compensation for you medical bills, out of pocket expenses for medications, bandages, etc., your lost wages, and your pain and suffering.

To arrive at approximate personal injury settlement amounts, many attorneys use the “multiple” calculator. To calculate settlement demand the attorneys take the amount of medical bills and multiple them by 3x, 4x, or sometimes more.

The more serious the injuries, the higher the multiple. Your injuries are serious enough to merit an attempt to settle at a multiple of 4x or more.

If you can persuade the insurance company to settle for one of those multiples, you may have sufficient funds to cover your medical bills, out-of-pocket expenses, lost wages, and pain and suffering.

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: December 12, 2013

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