My 17 year old son was a passenger in a vehicle that got hit from behind. He was not wearing his seat belt and was injured. He has some memory loss and doesn't remember the accident. He had a concussion and whiplash injuries, and was sore for about a week after the accident.
The question I have is: how much should he ask for pain and suffering? The insurance company made an initial offer of $500. Should I ask for more? What is a good amount to ask for considering what he went through? Thanks for any perspective you can give.
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Whiplash Injuries from Rear End Accident...":
The State of Pennsylvania is a "No-fault" State. That means your son must go to his own insurance company, or yours if he is on your policy. Because Pennsylvania is a No Fault state your son really doesn't have a right to a settlement amount which includes "Pain and Suffering".
The insurance company can offer some additional amount for pain and suffering, but your son does not have much leverage. If they don't offer more than $500 dollars you can always attempt to convince them to offer more, but your requests may go unfulfilled.
A good way to estimate a reasonable amount for pain and suffering is to take your son's medical bills and multiply them by 1.5x to 3x. For example, if your son's medical bills equaled $300 dollars you might request anywhere from $450 dollars to $900 dollars.
As you can see the insurance company is making an offer which might be just right, or less than you should expect.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.