I was traveling to work on the highway. A man in a truck hit me in the rear totaling my car and injuring my neck, shoulder and lower back. The insurance offered me $1,800 for pain and suffering, and for lost time. I think it should be more like $6,000 due to the fact that I can’t do anything physical for a month and need more medical treatment.
How can I get more for my claim?
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.
Rear end collisions, even at slow speeds can result in serious head and shoulder injuries. The facts as you present them make no mention of representation by an Attorney. With that in mind we will proceed to discuss the issues with you. A “rule of thumb” in automobile collision settlements is 3x times the amount of the medical bills. Pain and Suffering are usually included in that amount.
If, let’s say, your medical bills were $5,000 your claim might be worth approximately $15,000. But before settling for that amount you should be take a realistic look at the cost of future medical treatment. That future amount should be added to your medical bill demand for settlement.
So if, let’s say, your “future meds” will approximate an additional $5,000.00, then the demand for settlement should be $30,000. Add to that your past and future loss of wages and any out of pocket expenses you incurred or will incur as a result of the injury and your settlement demand should be even higher. You can’t add loss of wages and out of pocket expenses to the medical bill demands.
Out of pocket expenses can include things like the approximate cost of gasoline you used while driving back and forth to doctors’ appointments, parking fees, medicine or other health aids like heating pads. The lost wages and out of pocket expenses should be settled as close to dollar for dollar as possible.
Learn more here: Increase Your Pain and Suffering Award
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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