Legal Question in Personal Injury in California
What is the going rate for Pain & Suffering?
My son (18) was in an auto accident earlier this year. He hit standing water on the freeway, spun out and ended up off the road, on the shoulder (he was not hurt and no damage to his car). While out inspecting his car, a second car hit the same water, spun out and hit his car which then hit him. The police rept. cites the other party as at fault - and his (other party's) insurance co. has admitted full liability.
My son's car was totaled and he was taken to the hospital (by ambulance) as a result of his injuries. He spent several hours in the ER and was then released (major trama to leg, but no broken bones). He was in much pain for a few weeks, had 2 additional doctors visits and 6 physical therapy sessions.
Things seem OK now health wise (no permanent damage - full mobility returned). Medical bills total about $10k. I am writing a demand letter to the other insurance co. I've got the standard things covered (wage loss, prop damage, all medical bills) is there a standard formula for Pain&Suffering asking in a case like this? Have I left anything out?
4 Answers from Attorneys
Re: What is the going rate for Pain & Suffering?
The others gave the best advice.
Re: What is the going rate for Pain & Suffering?
Need more facts. Unless you are an attorney I would not try to go after an insurance settlement of this nature alone. I think you want policy limits here and your communications to the insurance company need to be precise. There is also the claim against the other driver for excess policy limits. I have experience in insurance defense and coverage. You can contact me at 310-266-4115 or www.christopherbrainard.com
Re: What is the going rate for Pain & Suffering?
There is no 'standard'. It is worth whatever the defendant insurance company can be persuaded to pay, by experienced counsel who knows from experience what it is worth. When you get tired of the 'run around' by the insurance company, hire a good attorney, but keep in mind that you are establishing the 'attitude' of the insurance company with your pro per dealings that he will have to deal with and overcome later.
Re: What is the going rate for Pain & Suffering?
I don't practice law in your geographic area, so don't call me. Most laypeople who try to settle their own insurance claims get nothing, or much less than they would have gotten with the help of a good attorney. You would not treat your son's medical condition by yourself, would you? One possible issue that comes to mind is why was there standing water on the freeway. If I were analyzing the case, I might consider also suing Caltrans for a dangerous condition of public property. The statute of limitations for presenting a legal claim to Caltrans, which you would have to do in order to sue them, is only 6 months. I can think of about a dozen more things you probably overlooked or screwed up. Hire a lawyer.
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