Legal Question in Personal Injury in Arizona

I was involved in a auto sccident on 2/20/13. It was during work and I was in a company vehicle. A person ran a red light in front of me and I hit them on the side. I had plenty of witnesses with two that are on the police report stating that it was the other persons fault and they ran the red light. The other driver was cited for running a red light, leaving the scene of an accident, and hit and run.

Workmans comp is taking care of my medical bills but I'm seeking pain and suffering for this. My question is I really don't know how much is a fair amount for pain and suffering minus the medical costs I had. Could I at least get an good estimate on what I should ask for? I was told if I don't like what is offered to me that I could get a lawyer. Could use some advice. Thank You


Asked on 2/18/14, 1:51 pm

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

I assume that you are seeking pain and suffering from the insurer of the other vehicle. I say that because workers' compensation never gives you anything for pain and suffering. The only way you can recover for that is if the other driver had insurance, or your vehicle was covered for uninsured motorists (UIM).

Normally, if you have a workers' compensation accident and you also sue a third party (like the other driver,) the workers' comp carrier has a lien against the claim you make on the other driver. But if the other driver was uninsured, and you are covered by UIM, then workers' comp does NOT get a lien and you (and your lawyer) get to keep all of any such settlement.

I'm not an accident attorney, but my understanding is that there is no bright line rule about how much to seek for pain and suffering. Only an experienced accident attorney can give you such advice. Attorney will sometimes be willing to have you buy an hour of their time, rather than represent you in the case, so that you can get such advice.

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Answered on 2/24/14, 5:08 pm


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