"pain and suffering" claim?

[nostatic]

So the time has come to close the claim on the accident where I was rear-ended back in June. Seems that neither my wife nor I have any serious injuries - mostly was pain and discomfort for a few weeks after the incident. A trip to the ortho for me for treatment and a few chiro visits. A chiro visit for the wife.

So what would be a typical "pain and suffering" payout for something like this? In the past I recall the insurance company offering me a couple $K to sign off and that was that. In this case their agent is asking for my medical bills/records. I can send them but my regular insurance covered a chunk of the bills. I know them paying for what I'm out of pocket should be expected but I thought there typically was payment beyond that, often about 2-3x the damages to the vehicle (in this case $700). Not looking to get rich or sue anyone, but also think there should be some renumeration for the hassle.

CA is a fault/tort state, and the other party is 100% at fault.

[lendaddy]

[MikeSid]

The 2-3x multiplier is typically a multiplier of the medical cost, not the damage to the vehicle. The thought is there is a relationship between the medical cost you incurred and how badly you were hurt. This is often abused by litigious parties who seek excessive treatment in the hopes of enhancing monetary recovery.

It is an imprecise system and awards vary widely - sometimes with good reason. A person can be in serious long term pain and there can be no healing other than the tincture of time. If that person doesn't incur many medical bills, does it mean they were not hurt?

You are a reasonable person, so in your case I would calculate 3 times the medical expense and ask yourself if you think that is enough or too much to compensate you for the pain you endured and any loss of work or income due to injury. If you can settle this without a lawyer eating a third of your recovery, good on you. If you feel you are being shafted, hire a lawyer to fight for you.

In the end, only you know how badly you were hurt and what will fairly compensate you for the injury.

Don't forget payment for time loss for employment. The inconvenience to daily life of dealing this (other than pain issues) is generally not compensible.

[gshase]

Somewhere in the 2-3 range is what I see.

[gatotom]

As a Chiro dealing with car wrecks for over 30 yrs, how it was in the past always 4 times medical expense. Only in the last bunch of yrs has the 2-3 times medical been the reality due to increased costs.

If you get a attorney, they will get 1/3 of the settlement which will leave you about 4 times. It appears you didn't abuse the system and run up mass medical costs so 4 times would be fair.

Remember, even thou you assume you were not hurt bad, in 6-8 yrs from now you might change your opinion.

Insurance co's bean counters have this formula down to a science and they know that yrs from now you will experience problems, the pain and suffering is compensating you for the future aggravation.

I can't begin to tell you about all the patients I have examined and after taking a case history and finding out about a past car accident and viewing x-rays on that person will tell them how they got hurt, x-rays tell all. Even if they forgot about the accident, x-rays will tell me about the accident.

[David]

My past experience has been vehicle damage repair + medical bills + 2x medical for car wrecks or 4x medical for motorcycle wrecks. That's in Texas and Cali seems more litigious so maybe 3x and 5x would be more acceptable.

[72doug2,2S]

3x all med bills for pain and suffering

[M.D. Holloway]

I dunno Todd, you really have never been the same since...I think your ability has suffered as well. I'm thinking a loss of ability and dimished capacity with an infringment on potetial earnings for the next 67 years. We are looking at a nice 7 fig payout ...

[Tobra]

I am with Lubey on this one, and what about loss of consortium? Think about it, dude.

Number I heard tossed about was 2-3 times total of medical and lost wages.

If you are self employed you are screwed. I never had any sort of injury prior to my car wreck, now I have a screwed up back. If it were going to get better, it would have at least started to do so. I have been sending everyone who comes to the office and can't get out of the wheel chair elsewhere, because I just can't get up and down anymore. I did a case 2 weeks ago where I needed to wear a lead apron because I was using fluoro. Could not even stand up after two hours of that, so that is all done. Fusion I did turned out sweet though. Not sure how you attach a value to this sort of stuff, neither does my attorney. The housecall stuff is sort of a money loser anyway, but WTF am I going to tell some little old lady I have been taking care of for 10 years that is dying of cancer and can't get out of bed, no? I am not wired that way.

I used to run every morning. I could not run 50 feet to save my life right now, two years after the wreck. I can't throw, so I can't play catch with my grandchildren. Can't swing a club, so no golf with my parents. Working in the garden or on the car, major GD ordeal. Took me 2 freakin' hours to do the thermostat in a miata for crying out loud and had to lay down afterwards. That thing is right in the front, piece of cake. I do about 30 minutes of physical therapy stuff every morning so I can continue to work. Monetary value of everything in the this paragraph, zero.

A lot of people game the system, screws the people who are actually hurt. Limits of the policy the old booze jockey who hit me had, $100,000. Figure it works out to about a grand a month for the rest of my life, unless I get struck by lightning or something. For the level of pain I have each day, that is not adequate, in my estimation.

[Steve Carlton]

I think there's been drain bamage.

[aigel]

See what they offer to settle now. 2-3x that will be the ballpark! They always lowball!

Statue of limitations is 2 years. It is a good negotiation tool to tell them you are ready to sign now, but you can also wait to see if any more issues are coming up until 2 years are up. That gets them motivated.

I have had a similar case to deal with but the impact was tremendous (45mph rear end). Medical bills were fairly low. IIRC abut 3x medical bills was paid for P&S including family members that were not physically hurt, but definitely distraught / shocked / shaken up. The more people involved, the quicker the insurance company will want to settle.

Take it like a car buying experience. You will be in for the first time and they will write some phantasy numbers on paper and will cut you a check on the spot. Never take that. Make them go to the manager, leave their office, come back in 2 months etc. It will be worth your time and make sure that you get paid fairly.

HTH.

G

[porwolf]

I had a case once litigated and the formula for damages, including pain and suffering, then was 3 X medical bills. Of which 40% goes to your lawyer if the case settles right at, or during court, procedures. Basically "pain and suffering" is gauged on the totaity of medical bills. That is the way it was handled in my case in a Santa Monica Court in the '80's.

[Bill Douglas]

Yeah, you have been really weird lately Todd. I don't mean this in a nasty way, but you have been weird. Weird like going out buying cars that arn't Porsches. Now THAT is a result of the accident I'm sure and has cost you A LOT of money.

[scottbombedout]

Originally Posted by Steve Carlton

I think there's been drain bamage.

Definitely. You are far too nice in your moderation in PARF.

[M.D. Holloway]

its prolly due to IROCS work onthe new GWEN mind control device! Its gonna

[sammyg2]

Opinions vary, but mine is that profiting from someone's misfortune (even your own) creates somewhat of an ethical dilemma.

Only thing I can suggest is that you do what makes you feel good when you look in the mirror.
Self-respect ain't cheeep.

[Shaun @ Tru6]

it doesn't sound like you sustained enough damage to make a claim.

[sck007]

Based on the $700 vehicle damage most adjusters will deemed that negligible and think your injuries are minimal. They will stall you as much as possible. May offer $500 1st time and $750 a few months later.

Imho, your claim would be 2-3 times medical. If you want to expedite your claim, go see an attorney. You can get an attorney that charges by the hour. Just give him/her all your all your documents and it should not be more than 2-3 hour billing time for this ping pong match...

Good Luck!

[Rick V]

Originally Posted by Steve Carlton

I think there's been drain bamage.

That may have been preexisting

[nostatic]

Originally Posted by Steve Carlton

I think there's been drain bamage.

Originally Posted by Rick V

That may have been preexisting

Bingo.

Fwiw, not talking to a lawyer, not really interested in "sticking it to the man". Would like a few hundred $ to cover the time/energy spent dealing with the nonsense.