How much pain+suffering should I ask for???

[aliasing]

What is the name of your state? CA

I was hit by an out of control driver while standing still in a Safeway parking lot. The impact to my front driver side caused me to hit my head violently against the driver window and left me with serious neck, shoulder, and back pain for a week following the crash.

I went to the doctor the next morning. I was okay, but they told me I'd be in pain for a while and that I may feel dizzy or have a hard time focusing due to the hit on the head.

My only medical charge was a $20 co-pay for my doctor's visit. But I was in pain for the next week and did feel light-headed/dizzy much of the time.

So, my question is, how much should I request in pain and suffering? The insurance agency of the driver that caused the accident took full responsibility, and they have provided good settlements on the car, rental, and lost wages. But they only offered $300 in medical+pain+suffering. I initially accepted, but now I feel like that is really little given how much pain I was in for a week.

Is this a reasonable offer, or should I ask for more? If so, how much is fair???

I appreciate any help on this issue! Thanks!

Kerstin

 

[seniorjudge]

From your description, $300 sounds very generous.

 

[alnorth]

One week of pain really isnt a lot of damage. People dont usually get a lot of pain and suffering unless you are talking many future years or a lifetime.

 

[moburkes]

And, if your initial "acceptance" was in writing, there is nothing you can do now to change it.

 

[aliasing]

Thanks everyone!

I appreciate all the input! I felt $300 was okay, which is why I agreed (only via phone), but I had read several documents online that suggested pain and suffering for weeks after an injury were compensated in the thousands, so in that respect, $300 seemed low.

But it seems $300 may have been okay after all, so I will leave it at that.

Thanks everyone!

 

[ecmst12]

"Pain and suffering" has to be backed up by medical evidence. You only went to the doctor once, even though you were in some pain afterwards, their view is going to be that it couldn't have been that bad since you did not seek continuing treatment.