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  1. #11
    Join Date
    Jul 2018
    Posts
    1,660

    Default Re: Pain and Suffering Allowance After a Moderate Traffic Incident — P I Firm or Not

    Quote Quoting LowTide
    View Post
    It's the pain, discomfort, anxiety, inconvenience and an inordinate amount of wasted time spent dealing with this matter are what I am hoping an attorney can help me quantify — it's not just a simple matter of time off of work.
    First, inconvenience and wasted time are not compensable.

    Second, let me clarify something: "missed time at work" isn't relevant; lost wages/salary is what matters (although, obviously, missed time at work could result in lost wages/salary). If you did not receive wages/salary that you would have received but for the accident, then that can be recovered. Unless you want to clarify what "other important responsibilities that have been neglected" means, there's no way anyone here can intelligently tell you whether or not it's compensable.

  2. #12
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Pain and Suffering Allowance After a Moderate Traffic Incident — P I Firm or Not

    Definitely a side issue but did you make any report to the police? In California it is required to make a report to the police if their is injury or death or if the property damage exceeds $1000. Obviously there is injury as a result of the accident.

    another issue that may not have been dealt with: you have 10 days after the accident to file an SR-1 with the California DMV. Failure to file the sr1 can result in a suspension of your license. Sometimes your insurance provider will file this on your behalf but it is your responsibility to ensure it is filed.


    And just in case in case it applies: if you didn’t have insurance at the time of the accident you cannot seek damages for non economic losses (pain and suffering are non economic damages)

  3. #13
    Join Date
    Mar 2018
    Posts
    12

    Default Re: Pain and Suffering Allowance After a Moderate Traffic Incident — P I Firm or Not

    jk: thank you for the reply.

    After speaking to the PI firm I decided to go with (after interviewing a few), I learned that my insurance company automatically files an SR-1, so that's not an issue for me. That does bring up an issue of diminished value with vehicles and IF this gets reported to the likes of CarFax. I will have to wait on that to see.

    Also, yes, absolutely, I have full insurance on all five of my cars.

    And I have now seen my primary care doctor and it's recorded ... I am also now going to have an eval by an ortho specialist and most likely have an MRI. After that, I start with some PT along with the ongoing chiropractor visits.

    And to make things clear, I am not indigent by any means ... meaning I do not have to work daily (semi-retired). However, apparently, all of the massive inconvenience and time taken away from other responsibilities will come under the suffering part of pain and suffering. This is what I have been told by the firm ... take it for what it's worth. I am realistic though and going into this with my eyes open, knowing things may not work out as I'd like.

    Thanks again.

  4. #14
    Join Date
    Mar 2013
    Posts
    17,143

    Default Re: Pain and Suffering Allowance After a Moderate Traffic Incident — P I Firm or Not

    Quote Quoting LowTide
    View Post
    I am realistic though and going into this with my eyes open, knowing things may not work out as I'd like.
    Good.

    Because they won't.

    You haven't won the personal injury lottery.

  5. #15
    Join Date
    Mar 2018
    Posts
    12

    Default Re: Pain and Suffering Allowance After a Moderate Traffic Incident — P I Firm or Not

    Quote Quoting adjusterjack
    View Post
    Good. Because they won't. You haven't won the personal injury lottery.
    Thanks for the input Captain Obvious.

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