Settlement amount for neck sprain?

by Kathy
(Franklin, WI USA)

I was rear ended and the other driver was 100 percent at fault. I was taken by ambulance to the hospital for treatment. They found nothing broken, but I had a neck sprain. I was told to go to physical therapy by my medical doctor 2 days later.

I started to have migraines but it was never documented. I never went to physical therapy but went to chiropractor 6 months later when my neck pain flared up. I also missed out on my only two hobbies for the next summer, which are golfing and motorcycle riding. I still suffer from pain in my neck when sitting too long at my computer. I wear a heat wrap during those times.

I also suffer neck pain and a numb right hand when I ride my motorcycle and need to put a heat wrap on to help. Plus, I have a piece on my throttle to be able to use my palm to accelerate (instead of wrapping my hand around).

My medical bills came to just over $5000.00 (paid by insurance). They will pay me around $4,000.00 and said that they had to pay my car insurance company $1,000.00 still for medical. They are offering $1,000.00 extra for pain and suffering, which would come back to the $5,000.00 amount.

Missing all my activities from the summer aggravated my depression since I couldn't participate with my friends on a regular basis. I had depression to start, but it seemed worse during that period. Is this about what I'm due? I feel like it should be more. What can I do? Thanks.

Visitor Question:
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ANSWER for "Settlement amount for neck sprain?":

Kathy A. (Franklin, WI USA):

The State of Wisconsin is not a no-fault insurance state. That's good for you. This means the only limits you are bound by are the at-fault driver's insurance policy limits, and his personal assets.

From the facts you present the offer made by the driver's insurance company is much too low. In most cases, attorneys settle similar injury claims for anywhere from a multiple of 2 to 5x, or more, of the victim's medical bills. For "soft tissue" injuries, including sprains and strains of tendons, ligaments, muscles, and the like, a multiple of 2 to 3x would be a reasonable demand for compensation.

In your case, because your medical bills are $5,000.00, it would not be unreasonable for you to demand anywhere from $10,000.00 to $15,000.00. This amount would cover your medical bills and chiropractic bills, out of pocket expenses (meds, bandages, transport costs to treatment, etc.), lost wages, and your pain and suffering.

The amount you ultimately receive may be offset by any amounts paid on your behalf by your own insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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