Question by acetobaby: Is there an industry standard for a car accident pain and suffering claim?
I was in an accident when I was 34 weeks pregnant and it put me into pre-term labor (very scary). I was put on medication to control the contractions and have been ever since. The other driver’s insurance company accepted fault. My medical bills were covered by my insurance but totaled $ 2239.00. We are waiting until after the baby is born to settle “just in case.”
See answers below. Add your own as well
I DO BELIEVE THAT THE STANDARD IS THREE TIMES THE MEDICAL, AS FOR THE PAIN AND SUFFERING THAT IS A DIFFICULT QUESTION.
I WOULD BE THANKFUL THAT FIRST YOU ARE OKAY AND SECOND THAT THE BABY WILL BE OKAY, IF ALL LOOKS FINE I WOULD SETTLE FOR THE STANDARD THREE TIMES AND DON’T TRY TO GET RICH BECAUSE IT WILL SOMEDAY COME BACK TO BITE YOU.
There is absolutely NO INDUSTRY STANDARD
Yikes…. i knew someone woudl say the “3 times medical” thing… please please know.. this is completely absolutely ridiculously untrue. I dont know who even came up with that!
You wouldnt believe how much someone who wants money can rack up in chiro bills they dont need… ive seen people with a little scratch on their bumper rack up 30k in chiro bills! Adjuster will never give 3 times that in medical! theyd be lucky if they even got their bills covered!
“Pain and suffering” is based on permenancy and extent of your injury and future medical expenses…
In your case.. if your baby is born and is fine… i would say about 5k or so… this would be for any out of pocket or lost work you had… and a little extra for the “pain and suffering”- just keep in mind.. its not the lottery.
I know the experience sucked.. but your not permenantly injured.
Just be reasonable and dont expect to win the lottery and youll be fine! and think twice before you listen to alot of people on here!
There is really no standard. Three times medical bills is the more or less target to go for in a standard case, but if your injuries are severe or cause for some significant emotional distress, then what you should get might be more than three times the medical bills. Also all insurance companies are different in their payment policies. Some companies are reasonable and you can easily get three times medicals without a problem. Others will fight and stonewall all the way, and some will point blank refuse to anything above your medical bills and dare you to sue them. If your medical bills turn out to be significant ($ 10,000 or more) or if the insurance company wants to fight with you, a lawyer may be the way to go. Even with them taking a third to half of the recovery you often come out better than you would have on your own. Also personal injury lawyers sometimes can negotiate discounts from your health care providers after the settlement has been collected so that you end up keeping more of the moeny from the settlement.
#1 smart not to settle yet.
#2 get a lawyer in this case.
#3 multiply all of your last wages, medical bills and out of pocket expenses by 3 and then 4 the settlement value is normally somewhere in that range.
the weasel (lawyer) will get 1/3, your insurance company will want their money back, and it will leave you with about 26% of the total after any other bills or expences are paid
#4 buy the book “Auto Accident Personal Injury Insurance Claim (How To Evaluate and Settle Your Loss)” it is available online or at just about any book store
i got a $ 5,000 settlement when I was hit by a truck on my Bike, I didn’t break anything but I had a really sore back for a couple of months and had to get chiropractic treatment .
Its tough to find estimates but I’d ask the doctors, they deal with car accident claims all the time. I’d get a lawyer since you are pregnant, you don’t want to get screwed if your child has any problems.
you have up to 7 years to settle in some states. If you a looking at the money factor the more you document the more you get. Do not settle right away cause usually something shows up down the road and they know it. There is a base they go by. If i was you i would get a lawyer so you get what is due to you.
I believe industry standard is that you get 3 times your medical bills for the pain and suffering. Try to negotiate it yourself with the insurance company, if you hire an attorney they’ll take 1/3rd of what you get.