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How much does the insurance company usually pay out for a car wreck with personal injury and pain and suffering?

Dallas, TX |

i had a car wreck on dec 8th i was at a complete stop because of traffic on the highway at a exit ramp a lady ran into the back of me going about 60MPH the police came she admitted the wreck was her fault she was looking down texting and didn't see the traffic it totaled my car i didn't receive no money because i owed money on the car and after paying my lien holder im still left with $4000 owed and don't even have the car i went to the hospital they gave me pain killers told me to take off of work for the next 3 days i couldn't afford to take completely off i left early because of pain for about 2 weeks i called a accident lawyer and i am going to rehab i been going for almost 3 months and have 1 month left when they took x rays they see the neck pain but cannot see back pain they said it is most likely soft tissue injury's the pains i put down was neck, back, whiplash, and headache i want to know whats the settlement on this usually and how much will i get ofter my attorney take his 33 percent i am in texas and the insurance company has already accepted fault of the accident

Attorney Answers 7

Posted

Fighting with the insurance companies is no easy task. The insurance companies generally try and pay out as little money as possible. The issue in your case is not liability, but the nature and extent of your damages. As for the value of your case, there are many different factors that come into play that your attorney should be able to discuss with you. Sometimes the insurance companies will not even offer close to what the case is actually worth and then you have to go to trial. I would discuss the different options at this point in time with your attorney.

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Posted

There is no simple answer to your question except this one, "As little as they have to." That's why you hired a lawyer. Your lawyer can answer this better than I, but if you press your lawyer too hard on how much the case is worth the lawyer will have an incentive to give you an overly optimistic estimate for fear you will go to other lawyers and he will lose you to another lawyer who gives you an overly optimistic estimate.

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Posted

The money you receive depends on numerous factors including the severity of the injuries and the amount of medical bills.

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Posted

You received spot on advise. The adage you get what you pay for applies. Jeff Adams

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Posted

the above posts are correct, the insurance company will attempt to low-ball you and your attorney for your damages before, during and up to the end of a trial. That is their business model. Your attorney will likely be able to get for you the proveable amounts that are shown in invoices and bills but pain and suffering are more difficult to be able to recover pre-suit without extensive and obvious injuries. Moreover, there isn't a typical settlement amount and it completely depends on the policy limits of the person that hit you. You could have damages that far exceed the policy limits of the person that hit you and there is very little you can do about it unless the person that hit you has sufficient assets to justify a suit against her. I hope this helps and wish you luck.

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Posted

As the other commentors said, there is no "usual" amount of pain and suffering; it varies on a case by case basis. It seems your overall question is how much is your case worth. Again, this varies, but the some common factors that influence the amount of recovery are the type of injury, extent of treatment, verification of treatment by healthcare professionals, need for future treatment, amount lost wages, and culpability of the other driver. Best of luck with your claim.

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Posted

There is no "usual" amount that an insurance company will pay. In fact, given the same facts and different insurance companies, the amount of the settlement offer and timing of the settlement offer will vary greatly. We use the amount of the medical bills as one of the factors to determine how much a case is worth, but there may be a lot of other factors such as lost wages, lost earning capacity, etc. Some factors may have a dollar value on them, where others (such as pain & suffering) do not.

Even though the insurance company has accepted fault of the accident, they will nit pick your medical treatment and injuries. It sounds like a case like yours should be easy to settle quickly, but usually they are not.

Unfortunately, your property damage issue is unrelated to the personal injury claim.

Good luck!

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