Auto Insurance Claims: Claim for Pain and Suffering, pain and suffering

Question
QUESTION: My wife and me where involved in a car accident. A truck backed up into our car. Currently we are in Chiropractic treatment, probably for at least 3 to 4 mont, 3 times a week. I have neck and shoulder pain and tissue damage. My wife is pregnant, she could not be xrayed, so she gets less treatment. What in your opinion, would be the outcome regarding the financial settlement?  Thanks in advance

ANSWER: I need to know the venue, meaning where this occurred.  For example, if you had this accident in Texas, in most places, damage photos will be allowed into evidence and if the damages don't look that bad, then juries tend to not believe that the injuries could result in such pain and suffering.  In New Orleans, it would be a different story.  There juries generally give large injury settlements.  Whether or not a medical doctor referred you to physical therapy could play a part and your physical appearance, occupation, medical history, and on and on.

For a soft tissue injury, if the treatment received is reasonable, medically necessary, and charged at a usual and customary charge, you could probably count on all your medical getting paid, and then at least the same amount in pain and suffering damages.  If you want more, and again depending on the venue, you will likely be forced to sue, and it may backfire if your venue is conservative.

I hope this helps!

---------- FOLLOW-UP ----------

QUESTION: Thanks for your fast response. I live in Florida, Orlando. This is also the place of the accident. My PIP Insurance covers the treatment charges up to 10000$ for each, my wife and me. I do have a lawyer with Morgan and Morgan, and they are sueing for Pain and Suffering. I hope this info helps. I read once that sometimes the financial settlement is based on themedical costs also. Is this right? Thanks in advance

Answer
The non-economic damages (pain and suffering) are almost always related to the economic damages (actual medical bills).  Depending on the severity of the wreck and in your venue, you can expect somewhere between 1.5 and 3 times your medical costs for a pain and suffering settlement.

I hope this helps.