Legal Question in Personal Injury in California
Injured in auto accident and tired of Insurance Co. Runaround!
Is there a ballpark range for a Pain&Sufferring settlement offer? I've read some books that say 2-4x ''special damages'' (e.g. Dan Baldyga). My son (18) was in an auto accident - hit on freeway while out of his car. He was taken away in ambulance - spent 4 hrs in ER (then released). No broken bones -just major trama to leg/thigh. Totally immobile for days (upper leg swelled to almost double.) He lost 6 part time days off work and had 3 weeks of Physical therapy - plus 2 doctor's visits for pain meds. Medical bills total ~$10k. Other party's insurance co. has claimed full responsibility. My son is not a ''whiner'' and did not try to milk the accident. He returned to work and school hurting. After ~3-4 months he says he's back to normal. Insurance co. has agreed to cover medical bills (~10k) + ~$500 lost wages. They are offerring $4500 pain and sufferring - saying ''it was just a bruise'' and ''all treatment was over in 1 mo. therefore not that serious''. Is this a reasonable P&S offerring - or should he be looking to get at least 2x ''specials'' (~20k)?
... or something in between? Just trying to figure out what's fair. Insurance co. has offerred the $15k as their ''best and final'' - and said ''don't like it -then sue us''.
3 Answers from Attorneys
Re: Injured in auto accident and tired of Insurance Co. Runaround!
There is no general "ballpark figure" for such things because each injury is different. Someone who is going to endure a lifetime of agony is entitled to more than someone whose suffering was less severe.
You really haven't said much about how much your son suffered, but based on the limited information you provided I'd say that their offer sounds reasonable. You can try to get them to pay more, but if they refuse and the case goes to court the amount you will pay for legal fees and costs will likely be much higher than any additional recovery you might obtain.
Re: Injured in auto accident and tired of Insurance Co. Runaround!
There are those who would have you believe there is a "standard" or "ball park" or "multipule". There are more factors to consider than could be written in this space. We have handled cases where the recovery was a thousand+ times the medical expenses. We have handled cases where the recovery was less than the medical expenses.
Get yourself a free consultation by a law firm that will make a full evaluation and tell you the truth about their opinion of value and the difference between your son's net with an attorney services vs. without.
John Bisnar, Bisnar & Chase
Personal Injury Attorneys & Counselors at Law
www.bestattorney.com
800-956-0123
Re: Injured in auto accident and tired of Insurance Co. Runaround!
There is NO multiplier. Anyone who indicates otherwise is not knowledgeable in this area.
In this day and age, insurance companies pay very little without a strong legal showing.
JOEL SELIK
Attorney at Law
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702-243-1930
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