What is the best way to counter a settlement offer?

UPDATED: Sep 30, 2022

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What is the best way to counter a settlement offer?

Do I need to give detail regarding how I came up with the number? This is pain and suffering

settlement from soft tissue injuries sustained in an auto accident, the party that rear-ended me admitted to fault. I am still receiving medical treatment, however I am afraid that I will incur costs that I will not be reimbursed for have read stories where insurance companies have not paid out at the end

as they felt the cost were not reasonable. The insurance company has offered pain and suffering of 1K and 4K for medical costs only payable for the next 2 months. I would like counter with a higher pain and suffering amount extend the medical cost till the end of the year.

Asked on July 15, 2017 under Personal Injury, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The case cannot be settled until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary , which means having reached a point in treatment where no further improvement is anticipated because you need your total medical bill, final medical report and total wage loss.
The medical reports determine compensation for pain and suffering. You will receive more compensation if you have residual complaints after completing your medical treatment than someone who has fully recovered.
There isn't any mathematical formula for determining compensation for pain and suffering. It depends on the severity of the injuries documented in the medical reports.
If you have fully recovered, I would ask for quadruple the medical bills to compensate for pain and suffering, but don't expect to get that. This is only for negotiations. Ask for more if you have residual complaints. You don't need to provide a breakdown of how you arrived at that figure.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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