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  1. #1
    Join Date
    May 2016
    Posts
    13

    Default Pain and Suffering for "Moderate" Injuries in Car Accident

    My question involves an injury that occurred in the state of: Wisconsin

    I was in an accident that resulted in a deep cut to my eyebrow and a black eye (caused by the airbag deploying and pushing my glasses into my face) as well as a bone bruise to my forearm, whiplash and the usual aches and pains associated with car accidents. The injury to my eye will more than likely leave a pretty good scar. I am getting a lot of resistance with the at-fault driver's insurance, so I am filing with my insurance for the collision portion, but I am filing with the at-fault driver's insurance for the medical portion.

    Question is, would any pain and suffering payments come from the "medical department" at the insurance company? I am unsure of my total medical expenses as I haven't gotten all of the medical bills, but I also missed 5 days of work (doctor ordered) and am experiencing a lot of anxiety since the accident. Will the insurance company offer me an amount, or do I have to push the subject and ask for it? And if any money is offered, is that in addition to my medical bills being taken care of, or would I be paying off those medical bills with my pain and suffering money? My physical injuries will more than likely not require additional visits, but I will be seeing a doctor regarding my anxiety and trouble sleeping, all which started after the accident.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,780

    Default Re: Pain and Suffering for "Moderate" Injuries in Car Accident

    Liability insurance companies don't "pay as you go" and they don't separate each type of cost.

    When you are fully recovered you make a list of all your monetary damages (medical costs, lost earnings, and miscellaneous expenses related to the injury), you add an amount for pain and suffering and you ask for that total.

    You do that with what is called a demand letter or demand package. You can find samples online by googling.

    Once you get a lump sum settlement it's up to you how you pay your doctors. Chances are that it will be many months after recovery before you get a settlement and your medical providers will want to get paid a lot sooner and aren't going to wait. You are likely to end up getting sent to collections or sued if you don't make arrangements to pay your bills when they are due. If you have medical insurance, let your insurance pay your bills and you'll have to reimburse your medical insurance company out of your settlement.

    If your next question is how much your claim is worth, the only answer I can give is between a dollar and a gazillion dollars because every claim is unique and settled on it's own merits.

    If you want to come back and resurrect this thread months from now when you are fully recovered and ready to quantify your claim, I can help you with that.

  3. #3
    Join Date
    May 2016
    Posts
    13

    Default Re: Pain and Suffering for "Moderate" Injuries in Car Accident

    I'm confused on who I would send the demand letter to. Would I send the letter to my insurance or the other drivers? My insurance said this will probably go to arbitration so it's probably going to be a while before I recoup any losses. I understand it's a process and I'll unfortunately have to keep paying the bills myself for a while. Thankfully I had an emergency fund.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,780

    Default Re: Pain and Suffering for "Moderate" Injuries in Car Accident

    You'll be dealing with the other driver's insurance company for your personal injury claim.

    However, if you have Medical Payments Coverage on your own policy you can submit your bills to your own company and be paid up to that limit regardless of fault. You may have to reimburse your company out of your eventual settlement but it could give you some relief for your bills now. Check your policy.

    Make sure you have your anxiety issues well documented as they are easy for a liability insurance company to dispute. Also avoid chiropractors as they are considered scammers by the liability insurance industry and chiropractic treatment costs are also easily disputed.

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