Settling a claim

[Naboo]

I am a student in SC and about a month and a half ago I was a passenger in a car that was wrecked. I was injured and was disgnosed with lumabgo. I was treated my my personal doctor and he sent me to a physical therpist,
now I feel better and I am ready to settle the claim I know that I am entitled to my doctor's bills but how should my pain & suffering be calculated? I don't want to take advantage, but I also don't want to be ran over, I just want the settlement to be fair. Could someone offer advice?
Thank you very Much.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, keep a daily journal of all the pain and suffering you have had. Have witnesses to this give very very detailed notarized affadavits.

As to amount, it varies with types of injuries and length of pain, state it happened.

Try at least speaking with an attorney who offers free consultations. Try attorneypages.com or call your state bar associaition. Otherwise, march on down to a law school near you, go to their law library and ask a law librarian to help you run a search for cases and settlements involving your type of injury.

Hope this helps.

 

[cdcard]

Dear naboo:
I recommend getting a copy of all your medical bills as proof of what was actually paid; the insurance will probably need them as proof of actual moneys paid. (Please note I said medical BILLS, not medical RECORDS. I wouldn't turn med records over without a specific request for them). If YOUR insurance company paid some or all of these bills, check your insurance policy to determine if your insurer is entitled to reimbursement for some or all of those payments; some states/policies don't allow reimbursement if your insurer paid them out of a medpay policy. If you want to negotiate this matter on your own and there is no danger of future medical treatment needed for these injuries, you may want to ask for 3 times the medical bills; this is not an unusual settlement amount.
I say this with the presumption that the other driver is 100% at fault for this accident. If the other driver's insurance company finds you partly at fault, they will probably attempt to reduce any settlement amount by the amount they determine you were also at fault. If there is any question on liability, you may want to add more info to this bulletin board or consult with a local personal injury attorney. Also, if in doubt, feel free to consult with a local PI attorney anyway. Just because you consult with one doesn't mean you have to hire one; you can just pay him/her for the consultation time. Best of luck to you.