Does each one of my injuries have its own set amount for pain and suffering?

Asked about 1 year ago - Bronx, NY

Or is it just what your policy covers? I was in a hit and run and I'm covered on my moms uninsured policy of 300,000 these were my injuries,
traumatic subdural hemotoma, bleeding in brain, jaw fracture, right fibula and tibia, open reduction, internal fixation, new knee cap, Rods, screws, and plates, 1 on face. Jaw wired shut, cyst on scrotom from impact, 4 surgiers on leg any advice is appreciated

Attorney answers (13)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your mother's uninsured policy covers all of the injuries you suffered up to a total policy limit. Each body part does not get a separate amount. It is one total for all your injuries. If your injuries are that severe, then you should see an attorney.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  2. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . The whole situation is considered. There is no schedule. Get a lawyer or you will never get full value from the carrier.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    Answered . You keep asking the same question; albeit different ways. Same answers apply. Let your attorney do his/her job.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Steven Miller

    Contributor Level 10

    6

    Lawyers agree

    Answered . If you are correct about the coverage that indicates the total available.

    This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during... more
  5. Elan Wurtzel

    Contributor Level 10

    6

    Lawyers agree

    Answered . The policy would cover all injuries sustained up to the limit of the policy. You were certainly seriously injured. If you don't have an attorney, consult with one immediately. There are time limits to make such claims and a lot of legal work is required to ensure a successful result. Good luck and hope you have a speedy recovery!

  6. Michael J Palumbo

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Yes the greater the injury the greater the loss.

  7. James D. Kiley

    Contributor Level 13

    6

    Lawyers agree

    Answered . You are limited to the 300k policy for all of your injuries. They should offer up the policy to you with those injuries. Good luck to you

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases... more
  8. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . This is not workers compensation. There is not set value to each problem, but you are in the Bronx and they probably will tender the policy limits.

  9. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . I think I laid this out for you yesterday. Your maximum recovery will be the limit of the SUM/UM policy, which in this case is $300,000. There is no driver to go after since it was a hit and run. My experience in the Bronx, which is the most favorable venue in the city, is that your injuries are worth several times more than the $300k if the case were tried to verdict. I recently got $1,000,000 in Brooklyn, the second most favorable venue in New York, for the head injury alone. Unfortunately for you, you are limited to the policy limit here. The carrier will not give you the full value of your injuries if you don't have a lawyer. The first thing they will tell you is that you are effectively going to get 1/3 more than if a lawyer took a 1/3 fee, so you should accept less money. Some lawyers, like my firm, are willing to take these SUM/UM arbitration cases at a discounted fee. Don't try to do this alone.

    I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer... more
  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . My advice is to have a personal injury lawyer get you maximum compensation. Find a lawyer with a low contingency fee, so you don't get hurt twice. Good luck.

  11. Michael Wayne Goldstein

    Contributor Level 9

    3

    Lawyers agree

    Answered . You NEED to hire an effective & aggressive personal in jury lawyer immediately in order to protect your rights. The maximum recovery for your pain and suffering is the policy limit of $300,000 for ALL of your injuries. I suggest you call either my office or any of the other personal injury lawyers on Avvo for a free consultation, either in person, or on the phone. Some lawyers will even take your call today or tomorrow.
    PS: Have you hired a lawyer who you do not have confidence in, or are you trying to do this yourself? Either alternative is bad.

  12. Philip Leslie Franckel

    Contributor Level 9

    2

    Lawyers agree

    Answered . Fortunately, your mother had a good insurance policy with uninsured coverage of $300,000. Many people have the NYS minimum of $25,000. You will not be able to get more than the $300,000 limit of the policy. A claim must be made within 90 days of the accident but I have successfully made claims as long as 2 years later when a client's prior lawyer didn't make it. However, waiting is foolish and very risky. It is extremely unlikely that you could get any more money, but I recently settled an uninsured claim on a $25,000 policy for $155,000 for a client who was severely drunk (.203 BAC) and had a broken ankle.

    The injuries you describe are all extremely valuable. We settled a case with bleeding in the brain for $1,200,000. Of course, your injury could be worth more or less. Likewise, each of your other injuries can be worth 6 figures each. But you are limited to receiving only $300,000. The insurance company should offer to pay $300,000 quickly without a fight. Your lawyer should not have to incur much legal expenses in your case. We waive the expenses in a case like this.

  13. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . While there is no accepted valuations assigned to a specific injury ( except in worker compensation cases), the totality of what you suffered ,in my strong opinion, justifies you receiving the full $300k.

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