What's the maximum amount I can ask for pain and suffering?

by Jessica
(Vernon, CT)

I want to know the maximum amount that I can get for pain and suffering, that's allowed in CT, for me to ask from the insurance company of the driver who rear ended me while I was stopped in traffic.

I have a spinal injury that became aggravated as a result of the severe whiplash and middle back trauma. I needed visits to the ER, doctors and a physical therapist. I am being followed for care by my rheumatologist and orthopedist. The driver's insurance company will pay for all medical and out-of-pocket expenses.

I need to know what maximum amount I am entitled to for pain and suffering in CT please. Thanks for any information you can give.

Visitor Question:
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ANSWER for "What's the maximum amount I can ask for pain and suffering?":

Jessica (Vernon, CT):

The State of Connecticut requires drivers to carry limits of 20/40/10. This represents $20,000 per person and $40,000 per accident for bodily injury liability, and $10,000 for property damage liability.

Spinal injury medical and therapeutic bills can be very high; in most cases far exceeding Connecticut’s $20,000.00 limit. Settlement amounts for pain and suffering are not determined independently. Compensation for pain and suffering is normally a product of the costs of treatment.

Because of the seriousness of your injuries you really should retain an attorney. Serious injuries, especially spinal injuries, deserve substantial compensation. In your case, an attorney may be able to locate assets other than those available from the driver’s insurance. With those additional assets the attorney may be able to settle your claim for a more appropriate amount. Without an attorney, it will be very difficult to locate additional assets on your own.

Otherwise, the maximum amount you can ask for pain and suffering will be the excess funds available after all your medical creditors are paid. Hopefully, the driver carried more than the minimal statutory amount. If so, you’ll have a better chance of settling your claim for a much higher amount. If not, after your creditors are paid you may have nothing left to satisfy the compensation you really deserve for your pain and suffering.

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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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION