Visitor Question

Side Impact Crash Results in Multiple Fractures…

Submitted By: Patricia (Clayton, NC USA)

My mother was in a side impact crash when driving her car. She stopped at a red light, when the light turned green she looked and was almost 1/4 of the way into the intersection and a car slammed into her driver’s side door.

My mother was taken to the hospital. Her car was totaled and her medical bills were $23,000. The lady who hit her told the police that she “could not tell if the light was red or green so I just ran it and hit her.”

My mom did not get a rental car because she could not drive, so she needed people to drive her to her appointments. She had a major hematoma on the back of her head, bruises several places and

6 fractures in her hand and wrist.

What would a fair pain and suffering offer be?

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 Patricia,

Patricia:

We certainly hope your Mom’s recovery is swift. Normally though the amount of Pain and Suffering is reached by multiplying medical bills X 3.

In your Mom’s case that amount would be $69,000. The amount of out of pocket expenses, lost wages and other out of pocket expenses should be negotiated separately from Pain and Suffering and those amounts are not included in the initial determination of Pain and Suffering.

The amount of $69.000 for Pain and Suffering is meant to include any and all future medical bills, lost wages, out of pocket expenses, and just about every cost which might arise in the future.

So before you settle for the “normal” 3 times the amount of medical bills, take a hard look at what the future costs will be for your mom. If you calculate those and find the $69,000 is not enough, then do not settle for 3x. You might settle for 4 or 5x that amount.

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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