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  1. #1
    Join Date
    Jan 2011
    Posts
    17

    Default How Much Money Should You Get for Pain and Suffering

    I was a passenger in an accident which cost $10k+ in total repairs.
    I was in rehab for back and neck muscle spasms injury since July.
    Meets 3x a week
    I dont have the numbers for my medical bills.
    No loss from work
    I finished my session just last week.
    The other driver was at fault.
    My friend had full coverage, and a lawyer who handled the case.
    What is the math to calculate the amount, and will I have the same amount compensated as the driver?
    I know the lawyer takes 1/3.

    Also, for suing pain and suffering, its the insurance that pays for that, right? - Just so I know if I'm going to pay out of pocket if i get into an accident myself.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Pain and Suffering Amount (Passenger)

    These are usually losing cases. The lawyer gets 1/3 of the gross. Say you have $15k in bills and get a $20k offer. The lawyer takes $6600. If you are lucky, he negotiates the bills down to $13k and you get $400.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Pain and Suffering Amount (Passenger)

    I have a slightly different answer...

    $10k in total repairs to the car means nothing to you as the passenger.

    Meets 3 X a week, also means nothing in the way of estimating your damages... Its how much you paid out or are billed in total that counts.

    No loss from work makes it even less of a lucrative case.....

    And your last misunderstanding: your case is not related in any way to the driver's case. The amount he gets is dependent upon his injuries and his other damages... Your case depends on yours (less any medical coverage you may have received as described above).

    Actually one more... Your friend being represented by a lawyer does not automatically include you in any settlement possibly received by friend! Unless you signed up with and retained an attorney, no one is representing you or your interests.

    Now, if you do get anything, what might just simply wipe out most of it is if you have medical insurance that covered your rehab costs, then you are required to pay back your medical cost to the insurer who covered you out of any proceeds that you receive. If you have not had an insurer covering your rehab costs,then part of whatever you get as a settlement will go to the rehab facility for their cost of services rendered.

  4. #4
    Join Date
    Jan 2011
    Posts
    17

    Default Re: Pain and Suffering Amount (Passenger)

    makes sense. Thanks.

    Alright.
    Now, if im the one being sued (knock on wood); as for the payout, this is all handled and paid by the insurance? what comes out of my pocket if i was at fault?

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Pain and Suffering Amount (Passenger)

    Anything your insurance company does not pay, basically. Usually anything above your coverage limits.

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