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Wife rear ended in NC.

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Wife was rear ended in NC. The person who hit her was charged.What is the equation for figuring her pain and suffering compensation? Is she eligible for any other compensation besides loss of wages,auto repair,and ins. reimbursement? Also, knowing this how might a lawyer help her additionally?



As I'm sure others will echo, there is no equation for calculating a settlement amount. I'm not a lawyer and can't answer all your questions, but I just wanted to note that you can file a Diminished Value claim with the other party's insurance company (for loss of value on the vehicle). You are owed DV even if the car is repaired to your satisfaction. The DV claim is separate from the repair claim, and is handled after the car has been repaired. For more information on Diminished Value, check www.directdv.com.

Good Luck!


I have done personal injury law as an attorney for over 20 years. In that time, I quickly learned that there is no magic formula for what is the value of a case. Ultimately the value of a case is what a jury would return for all the damages based upon all the evidence. A jury does not take into the jury room for its deliberations-it only takes the evidence; hence there are no such thing as formulas.
As a settlement will usually cover all future damages that arise from an injury, until a person knows the nature and the extent of their injuries and what the future will probably hold for the person, he/she should not even consider generally yet a settlement. As one aspect of any settlement is to compensate for the future losses, and until those are reasonably ascertainable by the opinions of treating docs, there usually is no realistic way any attorney can realistically begin to evaluate a claim. Remember, the adjuster for the insurance company has NO duty to treat a victim fairly or see that he/she is reasonably compensated. The adjuster's primary job is to get rid of the claim as cheaply as possible.
Secondly, even if the treating doctors have given a reasonable prognosis as to the future course of the injury and its impact and its effects, there still is no magic formula. Damages are to compensate an individual for his or her loss. Each loss is different. If I lose my arm in an accident and I can still talk, and I am a couch potato, I have suffered a serious loss, but my loss would not come close to the loss of an arm by an avid sportsman, a carpenter or a symphony violinist, even if our medical bills were the same. Even if physically and anatomically the injuries are the same, if the affect and the impact of the injuries on the different victims are extremely different, then the carpenter or violinist's claim, I believe, would be worth much more than mine, even with similar medical bills. That is why two people can be the same age, have the same injury and the same medical bills, yet the claims be worth very different amounts.
Thus, not just the injury and the bills affect the value. What specifically are the limitations from the injury? How does it affect the victim at the job? How does it affect the victim in the personal and life at play? How old is the victim and how many more years can the victim be expected to live with this injury? What is the person's lifestyle, i.e. how specifically has it impacted the victim, i.e. a couch potato with the same injury arguably has had it affect that person much less than an athlete and active sports person? What is the strength of the treating doc's opinions? What is the caliber of the attorney? What is the general climate in regard to jury verdicts in the area, i.e. how conservative are juries in an area? These are just some of the factors that affect the value of a claim. These are all also excellent reasons why a person needs an attorney.
Good luck!

George H. Senteney


Senior Member

Extremely impressive and cogent response. I couldn't have said it better myself.



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