My right wrist was broken 3 months prior to my rear ender car accident. My Doctor released me from Physical Therapy treatment prior to my accident since my wrist was healed and I was having no pain.
A month later I was rear-ended and I re-injured my right wrist. Ever since the accident my wrist has had an annoying pain that is very frequent. I am right handed and am on my computer for the majority of my day at work. By the end of the day my wrist is sore from typing and using my right hand to move the mouse around.
I also have not been able to play sports such as Volleyball as it causes pain and stiffness when I try to play.
The lady that rear-ended me and who is at fault has the same insurance company as I do. She rear-ended me in July and the insurance company called me 2 days ago offering a settlement. They told me that I have $12,400 in medical bills and they would give me an additional $1,300 on top of that for pain and suffering.
I told them that my wrist is still in pain and that I have another appt to visit my Doctor and that $1,300 is way too low. How much should I tell them I want for my settlement?
I had a bill in the amount of $9,500 just for my ER visit and MRI. I feel I should get a lot more money than what I am being offered. Any advice would be helpful. Thanks in advance.
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.
The offer you received is, what we in the profession call a low ball offer. If your medical bills are more than $12,000, there is no reason that your pain and suffering would be $1,300 – unless they were hoping you would settle for a nominal amount and simply move on.
As a general rule of thumb, you should take your medical bills and multiply that figure by 4-5x. That would be your starting point for a demand. In your case, that would be between $48,000 and $60,000.
This is not to get your hopes up and suggest that the case would settle for that amount. However, when you start higher you have a better chance at getting a larger settlement.
Think of it this way: You can’t go back and ask for more once you start negotiations, so why not start high? I would expect this case has more room to negotiate since the adjuster NEVER starts with their final offer. See what more is on the table by coming out strong with a serious counter-offer.
Learn more here: New Claim with Pre-Existing Injury
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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