Visitor Question

Are Family Expenses Covered in Pain and Suffering?

Submitted By: Al (Springfield, IL, USA)

I had a Traffic accident in Illinois/Springfield on February 17th 2010. A car ran a red light and hit my car. I have a witness that confirms this information and it’s also mentioned in the Police report.

But the police report says both sides were found correct. I spent three nights in Emergency services after the accident and I had a surgery for fractures on my right wrist and right ankle.

I hired a lawyer for this case. The other side’s insurance agrees to pay my medical bills and for the cost of my car which is totaled. I am curious how much I can charge them for pain suffering compensation?

Here are some negative things that were experienced by me after the accident.

1- I haven’t been working for three months.

2- Medical wages might be needed in future.

3- I lost one of my radial veins on my right hand.

4- I lost my relationship due to facts that happened after the accident.

5- I haven’t been able to move for three months.

I- Cause of Mental Languish

II- 25 pounds of weight is gained.

6- My mom and aunt had to come from Turkey.

I- Caused Family Inconveniences. Because Mom left my step dad alone for one month.

II- My, aunt and mom’s plane ticket expenses

III- Aunt and mom’s housing and feeding expenses in USA.

7- I wanted to serve in the US army. After the accident I lose my chance.

8- I have lost the ability to enjoy life related to numbers 1-6.

Can you advise on what should I ask for here?

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 Al,

Your losses sound very significant to you and I am sure that you have experienced a great deal of anguish as a result, however insurance adjusters are only willing to compensate for certain items even when you have been impacted greatly.

They will consider such items as: Lost wages, future medicals (substantiated by a medical provider)and permanent medical damage.

Unfortunately, items such as loss of a relationship and weight gain are not factors that are taken into consideration. There is a claim called “loss of consortium” however such a cause of action is designed for marital couples who have been unable to offer affection to one another as a result of an accident.

Other items such as living expenses for family members, etc. are arguably items that would have been incurred anyway and items that are not necessarily directly related to the accident at hand.

With that said, you need to look at your medical expenses and start there.

Multiply your medical expenses by 2.5 to 3 for a baseline settlement figure. This is where you derive “pain and suffering.”

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: May 10, 2010

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