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  1. #1

    Default Pain and Suffering After a Car Accident

    My question involves an injury that occurred in the state of: TX
    My wife was in an accident that was not her fault. She has suffered from a sprained thumb resulting in temporary loss of use for around 6 weeks on her primary hand. 2 Fractured ribs, a separated shoulder, severe bruising where the seat belt hit, a concussion that her resulted in ongoing headaches and she had temporary problems with one of her eyes from gas from the airbag that got into her eye. That has gone away already.

    She was already on disability for Fibromyalgia along with a number of other medical problems. She occasionally volunteers at the school when she feels up to it, but she is unable to do that anymore, at least for the short term. The injuries on top of her existing conditions have made her life miserable. She cannot sleep at night because she

    I realize it is going to be a while before we can settle out on the medical side of this, but I have no idea what to even ask for or what a reasonable offer would be for her pain and suffering. I don't know if I should be asking for $100, $1000, $50,000 or even $100,000.

    I will say it has been a major inconvenience for us both as she is no longer able to perform basic tasks such as helping to cook and clean as well as taking the kids to school in the morning, but since she does not work at a paying job, it is difficult to put a number on it.

    I am looking for suggestions as to where we should start. I will get a lawyer involved if necessary, however at this point, the insurance company is cooperating and are not showing any signs of trying to hold out.

    I am just looking for a rough number so that if they come back and offer her something like $5000, I will know that is a good number and not find out a few weeks later that I could have gotten the $50k.

    Thank you.


    Edit: Just as a side note, the insurance company is the one that brought up the pain and suffering. I was not going to even ask for anything beyond paying her medical bills, but they brought up the subject last week so I am guessing it is something they are required to pay?

  2. #2
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    Default Re: Pain and Suffering After a Car Accident

    What are the policy limits on the at-fault driver's car, and do you have any underinsured motorist coverage on your own policy?

  3. #3

    Default Re: Pain and Suffering After a Car Accident

    I have been told that the other persons policy has a maximum limit of $100k. That is per incident and includes property and injuries. I do have uninsured/underinsured on my own policy for injuries $30k/$60k. There is also a $2500 PiP that we have burned through in the first day or two.

    The total loss of my vehicle is slightly over $20k so if I understand correctly, that leaves a little under $80k for medical. I am assuming the at fault parties loss's come out of this $100k as well. I know her car was a total loss, however value was less than $1500. I do not know the extent of her injuries. She had none at the scene, however neither did my wife.

  4. #4
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    Default Re: Pain and Suffering After a Car Accident

    Quote Quoting bcdudley
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    I have been told that the other persons policy has a maximum limit of $100k.
    Is that 50/100?

  5. #5

    Default Re: Pain and Suffering After a Car Accident

    The adjuster for the other parties insurance only told me that it was a $100k policy, so I do not have an answer to your question. It very well could be 50/100.

  6. #6
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    Default Re: Pain and Suffering After a Car Accident

    Valuing damages is more of an art than a science, particularly when there are significant preexisting conditions. I am not sure to what degree the insurance company knows of the prior conditions, or the extent to which you are arguing that she has not fully recovered from her injuries, or to which you may be claiming a longer-term or chronic new condition or aggravation of preexisting conditions. There will be stacks of medical records to work through.

    You won't know what they're offering, or what medical records they're going to want to look at in association with any offer, until you ask. If they offer the policy maximum, that suggests that they think your case is worth more than the maximum and your wife needs to consider whether she a viable claim under her underinsured motorist coverage. If they offer less, as is likely, they may be viewing the payment as a means of closing out any future claims on the file, and if they don't see the injuries as particularly serious or see a quick, uncomplicated recovery, they are not likely to offer much. Generally speaking they'll offer you less than they would offer to a lawyer, but after legal fees and delays are factored in the difference in what you might receive will diminish.

    Unfortunately, we are a very long way from being able to throw out any meaningful numbers.

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