Auto Insurance Claims: Fair pain and suffering?, Whats my claim worth?

Question
I was rear ended on the highway as I was turning into a driveway. My car was struck at full speed slamming the driver side of the car into a guard rail. They had to cut the top off of the car to get me out. I had a small cut on the left side of my head (no stitches, but probably could have used a couple) I had a concussion and big bruises on both arms. I don't remember anything from the accident and even much of that day or where I was at before I was driving to where I was going. They wanted to fly me by helicopter to a hospital that deals with head trauma, but no helicopters were flying due to the storms earlier that day, so they transported me by ambulance to a hospital about 2 hours away. I don't remember any of that. All I remember is waking up in a hospital 6 and a half hours after the accident. I was treated by a chiropractor for about a month for "neck trauma" to take care of my headaches, he then referred me to a neurologist. The neurologist put me on medication that should help get rid of the headaches, and had an EEG, and MRI done a few days ago. I will follow up with him in a few weeks to make sure everything is fine. I still have headaches and pain in my neck sometimes. I figure this is normal from the injuries that I sustained. I still have a hard time concentrating and focusing on things, and sometimes have to put the words together in my head before I say them so that my sentences make sense. I have also had mood swings and depression. The medication that I was put on should help with the post-concussion. I missed a few days of work initially, and missed days that I had doctors appointments. I didn't lose any wages, since I am self employed, but I am just stating my business and it was difficult to get things going when I was out of my mind for a few days. I had to have someone else cover for me and take care of the things that I was supposed to be doing. Right now my medical bills total around $20k. (I didn't realize how expensive CAT Scans are. LIke $4k) The other drive was 100% at fault and has been cited for the accident and has already went to court and was found guilty. I'm not sure what he was doing, texting or what, but he didn't see me and hit me at full speed. I have been getting forms in the mail to fill out for medical from his insurance company and mine as well. His insurance is paying for the car damages $4900, and will pay 12,500 for medical. My car insurance will cover up to 25k in medical and I have $100k in under-insured motorist coverage, so it will be a claim on that. What would be a fair pain and suffering settlement? This happened in Ohio and I have State Farm insurance. The adjuster for my uninsured motorist coverage said that he will be looking into the details of my accident and injuries and will make me an offer. I have never done this before and was just wanting to know what to expect for the "offer" and what would really be fair.

Answer
John,

  First, I want to disclaim that there is no way I can possibly give you a perfect answer on this one because I don't know you personally and that makes a big difference.  For some people, dealing with pain is easier than for others.  Because juries do it, attorneys try an assess what type of pain tolerance you have which is nearly impossible because to assess it, the information about it has to come from you, so it is a catch 22, I hope you understand.  The point is that your pain and suffering settlement can be more or less than another person's pain and suffering settlement even when the accident and injury are identical.  It is you that determines the worth of your claim.


   Okay, that out of the way. . . and with the understanding that this is just a wild guess based on what you have given me. . . I would likely offer between $45 and $75K.  If you are a real likable guy that doesn't come off as looking for money, then you might get the higher end of a settlement in front of a jury, but if you come across as a crybaby and greedy, then you won't get nearly as much. . . .

   On a positive note, I would suspect my guesses are conservative and Ohio is generally much more liberal, so keep that in mind.  I hope this helps and I'm sorry there was no magic answer.

Regards. . .

JP