QuestionSince you don't like these q's, you are probably the best to answer. Frontal collision on August 26,wrist break in 3 places on left arm. Bones healed correctly. Currently in phys therapy and estimate is 6 months of painful rehab. Was a 5 handicap golfer and dancer. Won't be able to do any of it and possible never able to return to prior ability without a lot of painful exercising. Have police report that states is other drivers fault. Other Ins co,USAA, paid for totaled car. Q: Is there a place to go to find out what a standard amount is usally accepted for this sort of thing?
Q: How does one put a value on such a loss?
AnswerHi Clay,
You are entitled to a settlement for pain and suffering plus an additional amount for any permanent disabling problem.
There is a Statue of Limitations on settling such a claim.
If you reside in Tennessee or Kentucky, that limitation is one year. All the other states allow at least two years and a very small number allow three or more. You can ask your own insurance company to explain the Statue of Limitations in your state, or write me and tell me your home state and I will give you the information.
A settlement for pain and suffering is based on your 'specials'. Specials is insurance terminology for all your losses, Doctors bills, Physical Therapy bills, Prescription Drugs, mileage @$0.43 per mile for every trip you made in connection with those treatments and your lost wages. If you are going to suffer a permanent disabling problem, you will need a specialist to help determine that value.
Handling the claim without an Attorney and not including any future disability, once you are fully recovered and have documented all your specials, then it's normal and standard that you file a claim for 3 times your specials.
Because of the seriousness of the broken wrist, you should file for 3.5 to 4 times your specials.
Of course, it's the job of the claims adjustor to negotiate you down to a lower amount and you may have to compromise somewhat, but if I were you I would only bend slightly.
If the statue of limitations in your state is 2 years and you are not able to come to a settlement agreement within about 16 months, you need to consult with and probably secure the services of a Personal Injury Attorney. In a case such as yours, he/she will need 6-8 months to do a proper investigation and documentation to get a suit filed in time.
I hope this has been of help. Please write again if I can provide more assistance.
(Where did you get the idea that I don't like questions such as yours. I am here as a volunteer solely to provide you the best help I can possibly give).
Sincerely,
Bennie
San Francisco Bay Area 10-18-07 7:46 AM PST
