Legal Question in Personal Injury in Virginia
Pain and suffering indem.
My 62 aunt was in the rear of a friend's car and a truck hit their car. She has been sufferin from low back pain, especially when doing regular activities like housecleaning or engaging in prolonged standing or walking. The doctor prescribed temporary total disability and physical therapy. The estimated damage on the vehicle she was riding was $5,100.00. The insurance company is offering to settle the case, but we don't know how much should we ask for. Please give us an idea, and if you would like to take the case where your offices are located at and how much will be your fees. Thank you.
7 Answers from Attorneys
Re: Pain and suffering indem.
It would always help to know where this happened. If it is 6 hours away from my office in Virginia, that would make an enormous difference in whether or not I could take the case.
Your aunt is entitled to be put in the same position as before the accident, if possible. Therefore you need to get an estimate of LIFETIME therapy for this accident, what it would cost.
Pain and suffering is very hard to quantify, and only the jury is supposed to decide that. However, frequently it is ball-parked in relation to the actual damages (real expenses that must be paid). So you need to determine those first.
Re: Pain and suffering indem.
It is not possible to answer your question without more information. How badly hurt is she? Furthermore, what doctors has she seen and what are her medical bills? Once this information is available I should be able to give you some guidance. Be aware! Many insurance companies will try to short-change you and urge you to settle before you fully understand all your injuries and rights.
DZ Kaufman
Re: Pain and suffering indem.
please call me to discuss.
Re: Pain and suffering indem.
Settlements vary in the amount of awards as factors include the length of pain and suffering, actual medical expenses, prospect of recovery and inconvenience. Most attorneys charge a contingency fee in such cases - normally 33% of the recovery. Indeed, this is worthwhile as the final settlements are usually higher with the proper case analysis offerred by attorneys.
The Bose Law Firm has materials on its website to assist you in the analysis of your case. Practice Areas - Personal Injury.
Should you desire to speak with an attorney, most are available for telephone consultations.
Sudeep Bose
Eric Wiener
BOSE LAW FIRM, PLLC
Should you desire a consultation via telephone, please call Attorney Wiener at 703-926-3900.
Re: Pain and suffering indem.
Much more information would be needed to even begin to contour a reasonable settlement figure.
Your description of the doctor's diagnosis of your aunt's medical condition as a result of injuries she sustained in the accident, i.e.,"prescribed temporary total disability and
physical therapy" is virtually of no help whatsoever.
Your aunt needs the assistance of an attorney competent in these kinds of matters to assist her in determining first a reasonable benchmark figure, so to speak, to begin negotiations with the insurance carrier and, then, following through in her behalf until an acceptable settlement figure is arrived at. She should not attempt to settle this matter on her own without the aid of counsel as it's almost assured that she will get "short shrifted" in the matter by the insurance carrier, their damage assessors, and their attorneys.
Re: Pain and suffering indem.
I have to agree with the other attorneys who responded so far. It is impossible to advise regarding a fair settlement without far more information. As a general rule personal injury attorneys give free initial consultations. If the accident took place in Virginia contact one of the Virginia attorneys. If it took place in Florida please contact me or one of the other Florida attorneys for a consultation.
Re: Pain and suffering indem.
I would like to discuss the case with you. I have a lot of questions, such as where it happened, what's the insurance situation, what medical treatment has your aunt had, what conditions, if any, she had before. My office is in Boca Raton. We handle cases primarily in Broward, Miami-Dade and Palm Beach Counties. Our office number is (561) 864-0007. We offer a free initial consultation.
Steven Meyer