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Pain and Suffering

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scmommieof2

Junior Member
South Carolina"

Ok we were on vaction 250 miles from home and a lady ran a red light and hit a van and then us...Talk about killing two birds with one stone ;) So now my 2 year old has medical bills totaling $1600 I know not a whole lot. But what do I ask for pain and suffering from the insurance company...I have been told 1.5 times the medical bills but the adjuster is telling me $500...:mad: But to top it off we were suppose to have beach pictures done and did not becuase she had an ugly bruise on her face from the wreck. She also had a bruised clavical..not to mention she slept with us for the next two weeks. So any ideas out there...:confused:
 


racer72

Senior Member
There is no specific formula for pain and suffering. Common advice is to ask for the farm but accept the cow. Based on such a small medical claim, $500 sound fair to me.
 

cyjeff

Senior Member
Here's the thing...

You turn down the $500... you go to court.... the judge asks your daughter to show the court the injuries...

You say, "she can't, they are gone".

The judge then asks, "Is this the only time your daughter has crawled into bed with you?" You say, "no, she does it often when she is upset."

The judge says, "you lose."

Take the $500.
 

cyjeff

Senior Member
One more thing...

To tell a child that you can't take a picture of her because she is too ugly is just cruel....
 

swrdmbo

Member
$2400 for a bruise on her clavicle and face?? Good luck with that.

I just have to ask,You were going to have "beach pictures" taken? Where? At a studio???:confused:
 

scmommieof2

Junior Member
Ok I guess I should have been a little more informative...First of all I never said my 2 year old was UGLY...She had a bruise on the left side of her cheek where her face hit the car seat from the impact. The bruise litteraly was over 3 inches in length and 1.5 inches in width. It was not minor. She has not slept with me ever until this. We have always put our her in their own bed...no lie. And not only that but complained for about two weeks that her neck hurt. She would be in the middle of playing and would move the wrong way and then say mommy it hurts while grabbing at her collar bone area... I am guessing that is from the bruised clavical. And as far as the beach pictures we were at the beach...we hired a professional photographer at the beach to meet us to have the pictures done. If I wanted studio beach pictures I would drive 20 minutes to a studio.
 

Just Blue

Senior Member
Ok I guess I should have been a little more informative...First of all I never said my 2 year old was UGLY...She had a bruise on the left side of her cheek where her face hit the car seat from the impact. The bruise litteraly was over 3 inches in length and 1.5 inches in width. It was not minor. She has not slept with me ever until this. We have always put our her in their own bed...no lie. And not only that but complained for about two weeks that her neck hurt. She would be in the middle of playing and would move the wrong way and then say mommy it hurts while grabbing at her collar bone area... I am guessing that is from the bruised clavical. And as far as the beach pictures we were at the beach...we hired a professional photographer at the beach to meet us to have the pictures done. If I wanted studio beach pictures I would drive 20 minutes to a studio.
Is it a "national law" or just a South Carolina thing that one can't be photographed while bruised??
 

scmommieof2

Junior Member
I am just simply saying that I did not want a picture of her with a big bruise on her face that I was going to pay out the butt for...I could take snap shots for that matter...The point was that this happened on our VACATION...it totaled my car and we were with out a car for 2 days...so we were incovienced all the way around...from not having a car to the bruise...to cancelling the pictures...to canceling parasailing...canceling deep sea fishing...because the other lady ran the red light.
 

scmommieof2

Junior Member
Another thing I only posted on here because I was looking for advice for settling not to be judged. I am not after them for money...if that were the case I would have a lawyer. I have had nothing but a hard time from this insurance company since the begining. For example they were going to repair the frame horns on the car where they were ripped off because it was "too spendy" (their words) to replace. They were trying to cut corners to save $2000 which I know is a lot of money but when you think about $2000 in regards to your child's life $2000 is not a lot. There person ran the red light and caused the damage and they should fix it to be like it was before the wreck. So I learned at the begining that they would try and take advantage of you. That is why I asked what I should ask for pain and suffering. I did not asked to be judged because none of you are GOD! So if you want to answer the question: How much should I ask for pain and suffering? Then go right ahead I welcome your comments...However, if you want to judge me because I do not want to waste money on pictures that I would not enjoy but would remind me and my family of the wreck, where we witnessed the other people in the car that was struck before us get seriously injured with bloody faces and burns, from the airbags, and one of the ladies was what I thought was dead but luckily she was just knocked the HE!! out. I have never been so shaken up in my life. This was my first wreck ever and I pray that I never have another one. So if you feel the need to judge me then please start a new post where you can judge me!
 

ecmst12

Senior Member
No one is judging you. Only telling you that you are not entitled to thousands of dollars for your EXTREMELY MINOR injuries. The people in the OTHER car that WERE seriously injured deserve serious money. You do not.
 

divona2000

Senior Member
I am just simply saying that I did not want a picture of her with a big bruise on her face that I was going to pay out the butt for...I could take snap shots for that matter...The point was that this happened on our VACATION...it totaled my car and we were with out a car for 2 days...so we were incovienced all the way around...from not having a car to the bruise...to cancelling the pictures...to canceling parasailing...canceling deep sea fishing...because the other lady ran the red light.
I understand how you feel-I've been hit twice. But you don't have much in the way of legally claimable damages.
Keep in mind that you are the one who cancelled your "fun" stuff, i.e. the photos, any pro. photographer could have airbrushed out a bruise.
 

scmommieof2

Junior Member
I understand how you feel-I've been hit twice. But you don't have much in the way of legally claimable damages.
Keep in mind that you are the one who cancelled your "fun" stuff, i.e. the photos, any pro. photographer could have airbrushed out a bruise.
We pretty much had to cancel all of the fun stuff...I hurt my shoulder in the car wreck and could not lift my two year old so my husband had to stay at the hotel with us. I was under doctors orders not to lift anything over 10 pounds...
 

Law Ninja

Member
Q: But what do I ask for pain and suffering from the insurance company...I have been told 1.5 times the medical bills but the adjuster is telling me $500...:mad:

A: A long standing rule of thumb in the legal world is 3 X medical bills, but it's really just a starting point. Depending on the facts in a particular case, a plaintiff should ask for more or less. For example, if the $1600 bill is primarily the result of one or two expensive tests and your daughter was barely injured, then you would probably never get 3 X $1600. But, if your daughter's face was permanently scarred from the injury, then you would probably get much more than 3 X $1600. If you aren't at either extreme, then 3 X $1600 may be appropriate.

HI-YAAAAAAAA!
 
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