Visitor Question

Using my husband’s case as evidence of future pain and medical expenses?

Submitted By: K (Swansea, IL, USA)

I was rear ended by a Tuxedo delivery van. My neck, shoulder, and back felt pain within an hour after the collision. After approximately 6 months of chiropractic care, I am finally feeling better.

My concern is, the pain will come back again sometime in the future, when I’m performing normal activities.

My husband injured his back at work and he was fine for a few months. Then he strained his back out of nowhere, moving dishes from the dishwasher to sink.

Is using him as an example a valid tool to increase my multiplier? Watching him, I’ve seen the risk of the pain coming back in the future is very real. I do not want to cheat the insurance company, but I do not want to cheat myself with possible future medical bills. Thanks for any information.

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 K,

Your husband’s injury reoccurrence can not be factored into your multiplier. Other than its personal importance to you, it has no immediate relevance to your injury claim.

Before settling with the insurance company, be sure you have completed your treatment, or are at a point where further treatment won’t substantially improve your condition. This is important because it is the best way to assure your settlement will be fully representative of your injuries and resulting damages.

Your damages should include compensation for your medical and chiropractic bills, out of pocket expenses for medications, costs of transportation to and from treatment, parking fees, etc., your lost wages (if applicable), and your pain and suffering.

If you arrive at a point where further treatment won’t substantially improve your physical condition, or at the point where your treatment is complete, you should be ready to settle your claim.

The amount of money you should settle for should fully represent your damages. Because it is impossible to objectively quantify an appropriate settlement amount, the amount of compensation representing your pain and suffering is meant to cover possible further treatment.

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: July 14, 2014

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#1942 (11) {
    ["term_id"]=>
    int(658)
    ["name"]=>
    string(66) "How to Calculate (and Increase) Your Pain and Suffering Settlement"
    ["slug"]=>
    string(10) "page_id_97"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(658)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(53)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "181"
  }
}

Leave a Reply

Your email address will not be published. Required fields are marked *