Legal Question in Insurance Law in Arkansas

I was involved in an auto accident on Sept 5th, 2009. I was uninjured but my friend riding in the passenger seat cracked her Ankle in 3 places. The accident was the fault of the driver of the other car involved so now we are dealing with their insurance. They have Progressive insurance and they have been holding the claim for my friend while she recovers. She has not had to have surgery but has been in a Boot and on Crutches for going on 2 months and her doctor expects her to have to continue to wear the boot and use the crutches for another 3 weeks for a month with possible physical therapy after this. I understand that Progressive insurance should cover all of her doctor bills and also reimburse her for "Pain and Suffering" and any other expenses she has incurred due to the injury.

Here is my question. What should a typical "Pain and Suffering" settlement be in a case such as this. We do not want to go to court but I was just wanting to get as many facts as I could before they made her an offer. This injury has not only inconvenienced her everyday activities but has also prevented a preplanned Vacation.

Thank you for all your help.


Asked on 11/04/09, 10:05 am

1 Answer from Attorneys
Brandon Moffitt Moffitt & Phillips, PLLC

There really is no "typical" amount of damages that are given for any injury. Each injury is case specific and the facts of each case are used to justify the compensation. Also, in an auto accident, there can be many other types of damages that result such as time lost from work, expenses incurred for going to the doctor, and other types of medically related damages that can be recovered. Your example of the cancellation of the pre-planned vactation is also something that your friend may be able to recover for based on the facts of her case.

Feel free to have her contact my office. We willl provide a free consultation regarding her case and I can answer any of her questions. If she decides to retain us, we offer a "no recovery , no fee" contract. Our toll-free number is 1 866 443 2056

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Answered on 11/09/09, 10:21 am


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