Legal Question in Personal Injury in Ohio

question on the pain and suffering.

In May we were going 55mph on a main highway when a car ran a stop sign and we hit him broadside. My husabnd received 21 stitches to his eyelid and upper cheek area, and a fractured right wrist. I spent 5 days in the hospital - 2 cracked ribs, compression fracture to the T6 vertbrae, severe bruising from the seatbelt. MetLife is taking 100% resbonsibility (driver was cited for failure to yield from a stop). My question is how much weight goes into the pain and suffering of a claim? My husband is a 2nd year seminary student, and part-time Pastor. (we were heading home from church day of accident). We were married last November, his dad died suddenly last Oct., husband became sick mid-November, with (Endocarditis - very serious infection in the heart lining). He was on a pencillian IV for 4 weeks, 24 hours a day. Infection pretty much "trashed" the Mitral valve, in March he had open heart surgery to replace the Mitral valve. (did I mention no health insurance? Seminary students don't make much money) Then "THE" accident in May. This sounds like a bad made for TV movie - but it's not.


Asked on 9/27/99, 10:35 pm

1 Answer from Attorneys
Robert Guehl Guehl Law Offices

Re: question on the pain and suffering.

"Pain and suffering" varies from case-to-case, depending on the facts, the injuries, and the credibility of the claimants. An attorney can work up a personal injury case, evaluate the factors relating to the specific circumstances, and come up with a range of values. There is no simple answer to your question, as you cannot simply input the injuries into a computer and have it tell you what P&S is worth.

Negotiating skills of the attorney, and his reputation as a litigator, also enter into the equation. Unless you have the option (and the willingness) of taking the case to court, you will be at a distinct disadvantage in dealing with an insurance company. Most attorneys take such cases on a contingency basis, that is, they are paid when and if you get paid. In addition, it is standard practice to advance litigation expenses on behalf of the client; the client remains ultimately responsible for the costs, however.

Best of luck to you.

Robert L. Guehl 1-800-628-8989

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Answered on 9/28/99, 3:48 pm


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