Visitor Question

Car Accident Back Injury Case…

Submitted By: Benjamin (Topeka, Kansas)

I had a car accident back injury and I’m not sure what my settlement should be. On Dec 23, 2009 I was in an auto collision where another driver failed to stop and pulled out in front on me. I went to hospital after the accident with very bad back pain. They did an X-ray and CT scan but didn’t see anything.

I’ve continued to see doctors about my pain. They gave me an MRI and saw a bulge. They put me in therapy but I’ve had no results, still having back pain. Then they tried 3 injections in my back but they didn’t help. Finally I had another MRI and this one showed a herniated disk (l4 & l5) and I’m going to have surgery on it in a couple months.

I don’t want to be low-balled on the settlement and need to know what a good settlement is. Could you help? Thank you for taking the time.

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 Benjamin,

Benjamin:

From the facts you present it appears you are already either negotiating a settlement with an insurance company or are involved in litigation. Presuming for the moment the at-fault driver’s insurance company has already accepted liability for their insured, the best way to determine a settlement would be as follows:

1. Add all your medical bills

2. Add all your prescription costs

3. Add your out of pocket expenses such as over the counter ibuprofen, heating pads, or other reasonable costs related to your recovery.

4. Also add expenses such as hospital parking fees, and even a proportionate amount of gasoline used in driving to the doctors and to pick up medications and the like.

Once you have all of these items in front of you take the medical bills (No. 1) and multiply them by 3.

Add to that amount exactly the sums of the No. 2 and No. 3. So it would be:

(1) $4000.00 x 3 = $12,000.00 (Medical Bills)

(2) and (3) =

$3,500 (Out of Pocket)

Total Settlement Initial Demand would be $15,500.00

The initial multiplication by 3 is done so as to include your past, present, and future Pain and Suffering. That amount is to cover any future medical bills or other costs you may incur which are related the collision.

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: April 13, 2011

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