How much should I be asking for settlement w Insurance on Personal Injuries?

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How much should I be asking for settlement w Insurance on Personal Injuries?

I was recently slammed into and rear-end not my fault and the accident caused whiplash and possible other injuries unseen at this time. The accident caused about 2,000 damages to my car. I am currently suffering from pain in my neck, back and shoulder. I have seen my primary care doctor who has prescribed pain medication and physical therapy. I have yet to have the therapy. In addition, I am also suffering from emotional distress and possible loss of work and wages in the future with my therapy. How do I best calculate a personal injury settlement? Thanks, Eric C.

Asked on April 9, 2018 under Personal Injury, Texas

Answers:

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

Answered 3 years ago | Contributor

It is not possible to determine the amount of your potential settlement because you haven't completed your medical treatment or reached a point in your treatment where no further improvement is anticipated (permanent and stationary status).
When either occurs, obtain your total medical bills, medical reports, and documentation of wage loss. Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  There isn't any mathematical formula for determining compensation for pain and suffering.  It depends on the facts of the case and extent of your injuries and whether you have residual complaints after being released by the doctor.  Compensation for wage loss is straight reimbursement. If the medical reports state that future treatment is needed, the estimated cost discounted to present value should be included.  In addition to treatment for your physical injuries, you can receive treatment for emotional distress from a psychologist or psychiatrist.  Those medical bills and medical reports should also be included in your personal injury claim filed with the at-fault party's insurance carrier.


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