QuestionI was involved in a head on collision with an elderly person 10/09. I negotiated with his insurance a property damage claim and attempting my injury claim where I suffered a broken rt wrist (dominant), and soft tissues injuries to neck, rt knee and rt shoulder. My medical bills exceed $26k and recently diagnosed with carpal tunnel in my right hand which the ortho surgeon believes it to be due to the car accident. I have decided on cortisone injections but he advised me that eventually surgery will be needed which will cost in excess of $3k. The at fault insurance adjuster's highest offer was $10k exclusive of pip. I was outraged that they are not offering enough to pay my medical bills.
Other facts:
1. I am a disabled 47 yr old type two diabetic with diabetic neuropathy in the both feet.
2. at fault driver cited for failure to yield the right of way and was also driving a toyota corolla that was part of the recall but he made no mention of it to the police.
3. Both parties vehicles (2010)were totalled in accident.
4. Both parties taken by ambulance at scene of accident.
5. At fault driver recently deceased 2011.
6. At fault policy limits are $100k.
7. I have very detailed physician notes and letters indicating the carpal tunnel in my right hand is not due to my diabetes.
8. My insurance carrier has lien on my settlement.
I want to settle this on my own and trying to determine what would be a fair amount to ask for pain and suffering. I honestly feel that since I still will require surgery for the carpal tunnel syndrome and will have a permanent scar that my pain and suffery should be equal to the amount of my medical bills. So I am prepared to ask for $50k (including repayment to my insurance company)
Any input on a fair amount or if my amount is excessive..
Thanks
AnswerI'm unfamiliar with the law in your state so I'm at a bit of a disadvantage here. But I'm guessing that your PIP is covering the medical expenses and your settlement will be only for the pain and suffering. In my state, we handle this differently.
If I'm correct above, I think $50,000 is probably too much. This is very subjective and juries award different amounts in different geographic areas. In urban areas, juries tend to be more liberal and award more. The opposite is often true in rural areas. But not always, so it pays to be familiar with the system the case would be tried in.
In the past, we would use multipliers of medical bills (special damages) to determine pain and suffering (general damages). But we don't d this anymore because the cost of medical care has risen so fast that it would be unrealistic.
Based on what you've told me, I'd put general damages at about $15-$20,000. But there may be more to the story. Does the insurer question the need for all the treatment? Do they question whether the carpel tunnel or other issues were caused by the accident? If so, you have to consider the evidence and what a jury is likely to believe.
