Personal Injury Claim - How Much to Ask For?

[parallelism]

Hello. I recently got involved in an auto accident.

My question is; how much should I ask for in terms of money for my personal injury claim. I really can't even begin to know how much to ask for.

Facts of my auto collision:

I went through a green light through downtown at 1am. He ran a red light and T-Boned my passenger side of my vehicle and this caused my 1992 Nissan Pathfinder to roll over. The other driver had been drinking alcohol and when he hit me, he took off running (hit and run). I did not sustain any long term injury(s) and went to the hospital and was released with several bruises, aches and headaches.

I understand a personal injury claim does involve suffering. What constitutes suffering? I went through this whole ordeal with very minimal mental or physical damages, yet want to collect as much money as I can. After all, he was 100% at fault. The only real side effects I have endured is having terrible anxiety while driving anytime after midnight in fear of drinking drivers. The other inconvenience is having to purchase a vehicle due to a total loss. I did get compensated for my previous vehicle.


I really just need a number to ask for. I don't know if asking for $500.00 is too low or if I could be asking for $5,000.00, please give me some numbers to work with.

TL;DR: Drunk driver hit me, took off running, totaled my vehicle, I'm physically okay with a couple mental side effects. How much money to ask for in personal injury claim?

Appreciate it, 1st post!

 

[djs]

Its going to vary by what state you are in. The only real way to know is to consult a lawyer. They will take a good chunk of what you collect though.

Of course, from the way you wrote this, you won't get much at all, if anything. Doesn't mean you can't ask for whatever you want.

Good luck with the claim. Hopefully the other driver was insured.

Dan

 

[Norwayguy]

Its going to vary by what state you are in. The only real way to know is to consult a lawyer. They will take a good chunk of what you collect though.

Of course, from the way you wrote this, you won't get much at all, if anything. Doesn't mean you can't ask for whatever you want.

Good luck with the claim. Hopefully the other driver was insured.

Dan

No hopefully the other driver is going to jail DWI and Hit and Run.

 

[djs]

Driver going to jail doesn't help out the OP though, but I do agree with your statement.

Driver having insurance does help out the OP.

Dan

 

[Crabcake Johnny]

My sister-in-law went through almost an exact scenario. A drunk driver ran a light and hit her. She had minor injuries but complained of on-going headaches.

Her first offer from the insurance company was...well squat. She obviously turned it down.

She asked for $100K. The carrier flat out refused that amount - wanted medical records, any possible psychological reports, proof of time lost from work, etc...You need to prove anything you say. Everyone's wise to "my back or neck hurts." Doesn't fly without hard medical evidence to back it up.

It all ended up in court. From the time of the accident to the time she got a check was 3 years. The jury didn't buy that she needed 100K - even though she got hit by a drunk driver.

She was right back at work - had no psychologist to say that she had any mental problems and likely the jury simply didn't believe her "ongoing and debilitating" headaches. Juries are wise to money grabs. You're not gonna argue "emotional pain" without seeing a shrink on an ongoing basis.

She got awarded 50K and literally half went to her attorney. She walked with 25K on which she had to pay taxes. All she wanted was a ton of cash. Jury didn't bite.

So basically after 3 years she got squat. If you're looking for a large settlement you basically have to be partially or fully disabled.

This is not legal advice and you need to sit down with an attorney.

 

[xrac]

You have two options. You may want to first consult an attorney and see what they think you can go for. This may give you a starting point. Realize that if you use an attorney you will split whatever you get with them. If the attorney thinks he can get $10,000 then you can probably settle it on your on for somewhere around $5,000. If I were trying to negotiate it I would let the insurance company make the first offer and then I would give them all the reason why I deserved more.

 

[Josh]

I understand a personal injury claim does involve suffering. What constitutes suffering? I went through this whole ordeal with very minimal mental or physical damages, yet want to collect as much money as I can. After all, he was 100% at fault. The only real side effects I have endured is having terrible anxiety while driving anytime after midnight in fear of drinking drivers. The other inconvenience is having to purchase a vehicle due to a total loss. I did get compensated for my previous vehicle.

Usually the starting point is three times medical bills.

The inconvenience of buying another vehicle is BS and they won't give you a nickel for that.

The fear of driving after midnight is also mostly BS and they most likely won't even entertain that. Now, if you had to be hospitalized for anxiety and were completely unable to drive which prevented you from going to work altogether and you lost your job, well that would be a different story. If you're looking for a big payout just because you're worried about being hit again, especially only after midnight,

 

[Crabcake Johnny]

Just realize the company would rather go to court than pay you a nickel over what they think you deserve. You're not going to bluff them with "pay me this amount or we'll be in court." They live in court.

My non-legal advice is come up with a reasonable amount of money and be prepared to accept their offer. If not, be prepared for a court battle that likely (depends on your state) will last years. Also remember that even if you win at trial, they can still appeal.

Be prepared to be at the table with proof to back up any claim. Emotional distress? They'll want psychological reports. They'll want proof of time lost at work, etc...

As previously posted "I'm scared to drive" and statements like that will likely fall on deaf ears. Companies know that anyone involved in a cash is looking for a free meal ticket.

 

[AZST]

Usually the starting point is three times medical bills.

This is a myth.

Example: a claimant with a fractured rib from an auto accident probably gets a medical bill for $250.00....xray and wrap. Unlikely that a fractured rib is worth only $750.00

Just sayin.

Pain and suffering (general damages) are subjective but attorneys and seasoned claim adjusters try as best they can to come to a final number which resembles what might be awarded in court or arbitration.

In addition, punitive damages from DUI, etc. are often excluded from auto insurance policies which means that the perp's insurance company will not consider additional $ for the claim just because their insured was drunk and fled (although unofficially, you can use it as leverage as their main goal is to get their insured off the hook and claim settled) Trust me, the DUI/fleeing will add value to your claim. Added value also exists in the fact that your vehicle rolled over.

My advice: document everything you are going through on a day to day basis in a journal....example: loss of sleep, lost earnings, anxiety, pains, aches, inability to do things....however your life is affected. Get the proper care you need without running up unnecessary medical costs to pad the claim and contact the adjuster when you feel you are ready to resolve the it. Be reasonable...if they are not...call a lawyer.

It is difficult to judge what your particular claim is worth without seeing all the documentation...I suspect with reasonable treatment for soft tissue injuries/bruises, probably $4k-$6k in generals plus medicals plus lost earnings.

If you cannot settle....you can always go to an attorney. Most will take 1/3 of the settlement. Be mindful of the statute of limitations in your state.

Good luck.

 

[djs]

I call BS on this statement....
No way an accident medical bill is only $250. Heck, it's more than that just to walk in. Its a billing bonanza for a medical facility if they know the insurance is good. Broken rib, xray, wrap, $1500 minimum.

I also call BS on the 3 times, but, figure that might be a state by state thing. If there isn't a problem beyond a bit of soreness and a day or 2 of headaches, good luck on collecting much at all. If you have a real problem, then yes, you are entitled to some $$$$, but don't expect it to be a goldmine.

Dan