Legal Question in Personal Injury in Tennessee
Damages for pain and suffering claim.
I was involved in an auto accident. The other driver was completely at fault. He had no insurance.
I have Uninsured Motorist insurance with State Farm Insurance. My claims representative told me I can file a claim for pain and suffering.
My question is: How much should I ask for?
I have a chipped front tooth, severe headaches, along with neck and back pain. This has now gone on since the accident, 3 days. I have no idea what a fair settlement should be for that amount of pain and suffering. Please advise me.
3 Answers from Attorneys
Re: Damages for pain and suffering claim.
Insurance companies are not generally just trying to be nice by informing you of your right to damages for pain and suffering. While this is your insurance and it should take care of you, it really stands in the shoes of the person who hit you. The insurance company can limit its exposure by convincing you to settle early and before you consult with an attorney. Before you make a settlement demand, you really should consider (1) consulting with a local attorney, (2) set up an appointment with a dentist to determine the full damage to your tooth or teeth and what it will take to correct the problem, and (3) set up an appointment with a medical doctor to check out the headaches and the neck and back pain. If necessary the medical doctor will refer you to a specialist or to physical therapy. If you do not have a regular dentist or doctor, most attorneys who practice personal injury law can refer you to competent experts. Good luck. Feel free to call if you have any questions. 901-527-9600
Re: Damages for pain and suffering claim.
You are fortunate to have unisured motorist coverage. Many drivers in Tennessee opt not to pay for uninsured motorist coverage and find themselves without any coverage for their injuries if the other driver is driving without insurance.
Your severe headaches may be an indication of a closed head injury. You probably need to see a neurologist who may do an MRI or Cat Scan on you
to determine if you have any internal head injuries.
Compensatory damages in Tennessee generally include medical bills, pain and suffering, lost wages, loss of earning capacity and loss of consortium which is a term used to describe loss of spousal companionship.
Marshall Snyder (615.742.0833)
irws
Re: Damages for pain and suffering claim.
You are entitled to much more than just pain and suffering. Insurance agents have but one thing in mind and that is to save the insurance company money. Lawyers, on the other hand, have but one thing in mind and that is to maximize the money you can recover. You need to talk to a lawyer about this. There is no charge for a consultation. Bill Poland 931-552-3475 or toll free 1-888-223-5605
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