Auto Insurance Claims: Pain and suffering settlement, insurance expert, claim settlement

Question
In December of 2013 I was in Washington state on vacation visiting family for the holidays, I was the passenger in my friends car when he made an illegal left turn in front of an oncoming svu going 40mph, we were struck on my side of the car, and my legs were trapped, I was knocked unconscious and have no memory of the accident or the few hours before and after the accident. Apparently it took 3 extrication units and fire/ems units to get me out of the vehicle. There were no broken bones, but severe pain throughout my entire right side, especially my legs, my left hand (I am left handed) and back. I had a broken back moler tooth, and cuts all over my left hand. The driver was found to be 100% at fault and his insurance company accepted it. I was later diagnosed with a concussion and post concussion syndrome, I'm currently in physical therapy, speech/cognitive skills therapy, and have to see a therapist for depression and the possibility of post traumatic stress (order by doctor, not my choice) I do all this in a rehabilitation program/clinic and a neurologist and neuropsychologist oversee my case so credentials is not an issue, my er bill alone was 20k. I am still in treatment, but have lost my job due to so many errors and missing too much work since the accident, allstate has covered my med bills thus far but only up to 35k. (At fault drivers insurance company) what is a reasonable amount to ask for for the pain and suffering settlement when it gets around that time? I'm currently scheduled for treatment through March 25 which is when I see my case lead for an evaluation again. My ER stay was 8 hours, I was released the next morning at 4am but not techically an overnight stay. And there were also many witnesses that I do have the contact info for from the police report, and I was wearing my seatbelt. All injuries were soft tissue and bruising, but I was unable to walk without screaming in pain for 3 days. I've also had to get glasses to see and reduce headaches since the accident.  And of course, the head injury. Thank you so much for your time and response.

Answer
Hello Mandy,

You have a number of complicated issues here.  Your injuries are hardly limited to "soft tissue".  And certainly it is too early for anyone to determine precisely how long it will take to recover.  It is entirely possible, based on your description, that some of these injuries could conceivably cause you permanent pain and suffering.

There is absolutely no way for me to determine a fair settlement for several reasons.  First, I have no access to any of records - which are still ongoing by the way. Second,you do not indicate the amount of coverage available.  Clearly the other driver is liable, but you would need to know precisely how much coverage is available - and from where.

And as for your loss, losses are not calculated solely on your immediate medicals bills.  Future treatment enters into it.  Pain and suffering enter into it.  Not to mention, there are numerous other issues which must be addressed such as the possibility of diminished earning capacity, the effect on dependents, your age, etc.  The list goes on and on.

So where am I going with this?

I strongly. ...  Let me repeat that, strongly recommend that you seek out an experienced personal injury attorney who can work you through a fair settlement, or who can take this to litigation if necessary.  And bear in mind, that also brings up the issue of jurisdiction.

In my opinion, this case should not be settled between you and the insurance company(s).  To do so would be a serious mistake.

I am sorry for your loss, and I wish you well.  Be prepared, it could be a long process, but stay on top of it and above all, seek solid legal advice.

Best regards,

Jane