Legal Question in Personal Injury in California

Re: pain and suffering?

I am a little confused by your post. Did the insurance company offer $4000 plus $4100 for your bills or did they offer $4000 total? Pain and suffering is a subjective claim with no clear answer or "formula" (although, many in this business, would say in the past that for a "soft tissue" injury, a party might expect 3 times the medical bills as evidence of the total amount of the claim.) Today, in California, much more goes into the evaluation of what is a fair amount for pain and suffering and the items you mentioned, missing soccer, etc., can certainly be factored in. The insurance company may also look to see whether your accident involved a "minimum" impact to your car, theoretically making it less likely that you may have been injured, or might question the time you treated and the extent of the bills. Have you questioned the company about what the basis for their offer was? You should, and have them respond in writing to you. Consider then the amount you might want to counter with. Remember, however, that you must file a lawsuit within one year of the date of your accident or the statute of limitations will absolutely bar any recovery that you might otherwise have.

Re: pain and suffering?

You need to be evaulated by an experienced attorney. The value of the scar alone may be worth more then the insurance company has offered. There are multiple factors that go into every claim and there is no set value formula. This is where the experience of your attorney may make all the difference. If you want further help please call my office, we have several ways to help depending upon how involved we have to get in the process.

Re: pain and suffering?

$40,000 is a little high and it might make the insurance adjuster think you are unreasonable and tell you to take the case to Court. However, I would recommend that you consult with an attorney and show them your medical bills and the police report and get their opinion on your case and what a fair settlement would be. Certainly, with the information you have provided, $4,000 is a low ball settlement offer. If you are interested in a free, no obligation consultation please contact my office toll free at 877-546-9918. I would be happy to discuss the case with you and review your documents and give you my opinion on the matter. I have handled these types of cases for over a decade and I know what an insurance company will settle for and what they won't. I strongly recommend that you speak to an attorney before settling the case or signing any documents just for your peace of mind. I look forward to hearing from you. You can also email me at [email protected]. I am centrally located which allows me to handle cases throughout the State of California so your location is not a problem.

Sincerely,

John Hayes, Esq.

Re: pain and suffering?

More information is needed to address your questions. I suggest that you contact a law firm specializing in personal injury. The best ones will provide you a free consultation, no fee until they recover for you and they will advance all costs (our firm will waive the costs if we are not successful for you).

Get yourself a fee consultation, you need it. The value of your scholarship needs to be factored in. The mechanics of your accident are important. The damage to your vehicle (although it doesn't seem like this should matter, it does in getting a settlement) makes a difference. The scar makes a difference. Who the defendant is makes a difference. Who the insurance company is makes a difference. Get professional help, asap. Limitations on claims can be as short as six months.

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law. 800-956-0123.