Visitor Question

Whiplash Injuries from Rear End Accident…

Submitted By: Anonymous (Pennsylvania)

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: 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 Anonymous,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 13, 2012

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