Auto Insurance Claims: How much should I offer to settle my pain and suffering claim?, bone bruise, lower back pain


Question
I live in WI. I was involved in a hit and run accident on 6/11/10. I was hit from the side and the force pushed me head on into the side of a commercial building where I was pinned on all sides. I was extracted from the car and taken to the hospital in an ambulance. I spent several hours in the ER and was x-rayed. I was told - luckily that I did not have any broken bones, but a concussion, sprains, sprang and other bruising. I was told to see my PCP ASAP. I saw on PCP on 6/15. She ordered a CT Scan because I was still having really bad headaches. Once again, luckily it came out ok. However, I was told that I had a really bad bone bruise on my right leg due to the force of the accident. I was told to stay at home for a week and come back to see her after a week. I was given a muscle relaxer and vicodin for the pain. I was also unable to sleep but my PCP did not want to give me sleeping pills because of the other meds so she told me to take a natural vitamin that will help. I went to see my PCP again on 6/21 and was told to see a chiropractor and physical therapist for my lower back pain. I was also told to only work part-time for the next 2 weeks. I saw the chiropractor about 44 times and the PT about 5 times. My chiropractor also used these bandages to help with the swelling from my bone bruise. I went to see my PCP again on 8/17. She still was not satisfy I was well and told me to see her again in October. To continue with the chiropractor and ice regiment on the bone bruise. I went to her on 10/25 and she said that I was about 90% better but she did not know how long my bone bruise will still be there as they can take up to 1 year to go away. However,  she was ready to release me. The chiropractor released as well in Oct. On a personal front, because of this accident, I was unable to fully participate in my kids b-day celebrations - my little one turned 1 on 6/27 and my oldest turned 5 on 7/16. Both parties were already planned before the accident and were outside and ful of physical type of activities. I also had a problem driving because of the fear of getting hurt. I had trouble caring for my children everyday that my niece had to move in with me.

Other facts: 1. I am dealing with my insurance company because it was a hit and run. In police report, the person was 100% at fault. Should have been issued an inattentive driver ticket. 2. I have uninsured motorist insurance 3. My car was totaled and my insurance company paid for it - $9036. 4. My medical bills totaled $6184 and my insurance company paid for it. 5. I have lost wages around $3500

Now, my insurance company wants me to make them an offer in regards to my pain and suffering and I have no idea what I should ask for. I thought maybe you can help.  

Answer
If I were the adjuster on your claim, I would request documentation on the lost wages (doctor's recommendation to stay off work, chiro's aren't doctors), and if all was in line, I would offer you around $10K, including the lost wages.  Your case is typical and it is very hard to prove how much your pain and suffering is worth, it is more about what kind of person you are and how sympathetic you may come across to a jury.  If you get anything over your actual medicals and lost wages, I would consider you a winner, especially since none of the medical evaluations indicated any substantial injury that can be viewed on an x-ray or other imaging device.

JP