Auto Insurance Claims: Auto Injury claim, What is my injury worth?


Question
Hi Justin,

 I was rear ended at a stoplight in June 2012, the drivers insurance company took full liability and he received a ticket for following to closely. The insurance company physically came to my home and wrote me a check for damages to my vehicle 2 days after the accident. I have since had shoulder surgery and as of today 19 weeks of physical therapy. My medical bills are just over $35,000.00 this has greatly affected my life and quality of life. I have been off work for 12 weeks and the doctor wrote a job letter for me to be off work until January 21, 2013 or until he releases me. I currently make $50,000.00 per year. In your opinion, what damages/pain and suffering can I recover?

Answer
Ted,

 You have a tough one, and you make me have to assume too many things to give you an accurate assessment, but here's my best shot:

 If you can prove that all of your injuries are solely due to the accident, perfectly medically necessary, charged at usual and customary rates and then also prove that your quality of life and pain and suffering are on par with a normal person making $50000.00 per year, I would expect you could get about an $85000.00 settlement, but I assume that your injury is bad and easily described and explained to laymen jurors.  If your injury is complicated, or hard to explain, the value can change.

 I don't know what you do for a living, so I don't know how important your shoulder is to your capacity to earn an income, and I don't know what your hobbies are either (if you play the violin or something you may have huge damages).  I hope you understand I am giving you the best and most honest answer I can, it simply can't be quantified with the limited information I have.  Injury settlements are very personal.

I hope this helps!