Auto Insurance Claims: Shoulder Injury, avulsion fracture, wyndham garden


Question
Hope you can answer a question for me.  On June 1, 2012, while visiting family in Chicago, I fell in the lobby the Wyndham Garden Court.  I tripped over the threshold of the door coming into the building.  I fell directly on my right shoulder.  Because we had family obligations for that evening, I did not go immediately to the emergency room.  I did, however, report it to the hotel staff and in fact, two of the staff, while not witnessing the fall, did come upon me while I was attempting to get up from the floor and I told them what happened.  The next morning, when I awoke, I was immediately convinced that I needed to go to the emergency room.  We looked up the closest ER and went directly there.  After initial questioning, I was taken for an xray and told that I had an "avulsion fracture" of my right shoulder.  They prescribed pain medication, a sling, and told me to keep my movement restricted for a few days.  (No problem, because I was in an extreme amount of pain.)  I was also told to see an orthopedist upon my return home.  

After I returned home, I saw my primary care physician and he also took an xray and confirmed the fracture.  He referred me to an orthopedic surgeon which I saw the following week.  He said that it did not appear that I would need surgery on my shoulder, but that I most definitely needed physical therapy.  I have been going now for about 8 weeks now.  While I do see some improvement in my range of motion, I am still not able to get my arm above my head for a sustained period of time.  I will see the orthopedist at the end of the month.

The hotel's insurance company has acknowledged that they are responsible for the expenses related to my injury.  They have had an "expert" go to the hotel to examine the threshold and he determined that it was "not industry standard" and that it was about 1 inch higher than it should be.  

I don't want to hire an attorney and get involved in all the stuff that that entails.  My question:  When I start communicating with the insurance company, how am I supposed to calculate my "pain and suffering"?  Believe me, having your right shoulder out of commission for months brings all kinds of issues to the forefront, i.e, hygiene issues, household duties, driving, etc.  Do you think, based on what you have read, that a beginning settlement price of $20,000 is too much?  

I appreciate your expertise.

Answer
I think that is a fair amount for pain and suffering.  They should also cover your medical expenses and lost wages.  

This is a very subjective thing and what you are trying to do is estimate what a jury might give you if you went to court.  The value varies by jurisdiction, as some areas are more generous than others.  Also things like your age, normal activity level, and the amount of inconvenience.  

If I were you, I'd start out asking for $40,000 for pain and suffering just to see what they say.  After negotiating, I'd accept an amount between 40k and 10k.