Visitor Question

Bad Car Crash with Multiple Injuries…

Submitted By: June (Lansing, NC, USA)

I had a bad car crash. I was waiting to make a left turn, sitting still with my signal on and waiting for oncoming traffic to pass. I was rear-ended by another larger vehicle traveling at 45 to 50 miles per hour, he never saw me and never hit his brakes.

I received: sprained thoracic spine, sprained neck, whiplash, level 3 concussion, laceration to forehead, broken nose.

Within 2 weeks I was diagnosed with: Post-traumatic stress disorder, short term memory loss, reduction of cognitive functions, headaches, blurred vision, and an injured left eye (gel broke loose from back of eyeball causing floaters, light sensitivity).

What is a fair amount to request in my demand letter? I will have headaches, back pain, neck pain & have permanent scar on my face for the rest of my life.

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 June,

Without knowing your precise medical bills, it is impossible to tell you a dollar figure for settlement. We can, however give you a settlement formula that you can use to create a demand of your own. Once you have finished treatment, you will want to gather your medical bills.

Please use the bills that have not been reduced by your own insurance as this is a collateral source which cannot be used against you in the course of settlement. From there, take that figure and multiply by at least 6.

Normally, the standard would be to start at a multiple of 4, however with a permanent injury such as a scar, you may want to start with a higher figure because this justifies more money. From there, you will add your out of pocket expenses and lost wages.

Here is how this looks:

Assume medical bills of $10,000, you would begin asking for at least $60,000 plus anything out of pocket and lost wages. From there, they will begin negotiations with you.

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: January 26, 2011

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