Auto Insurance Claims: Pain and suffering for a pedestrian getting hit by a car, bone fusion, permanent partial disability


Question
At college I was walking across a crosswalk that a car was already stopped at and then they started going again when I was right in front of them because they weren't looking. My injuries were some really deep scrapes from the road, bruising, a sprained foot and ankle which made it impossible to walk for several days and then I walked with a limp for about two months, as well as aggravating a bone fusion in my right foot which will cause me problems for the rest of my life. The total cost of medical bills was about $2250 plus the cost of one visit to an orthopedic doctor that I'm not sure how much my insurance paid for. What would be a reasonable amount to ask for that would pay for the bills and pain and suffering?  My family decided not to get a lawyer since they'll get a cut of the money anyways.

Answer
Based on what you told me, I would say your claim is worth between $5500 and $7500.  I'm including your medical bills, estimating $250 for the ortho, and between $3000-$5000 for pain/suffering/annoyance.  This is a subjective process and that is why I used a range.  You'll need to negotiate with the claim rep.  Most of the time, his/her first offer will be at the bottom of his/her range.  You can probably get more than the first offer.

There are other issues to consider though.  Do you have any scarring?  If yes, this could add value.  How significant will the bone fusion issue be down the road?  Did your doctor assign any permanent partial disability?  If not, and you think you will have significant issues, you should ask the orthopedist to assign a PPD rating and put it in writing.  This might add value to your claim.