How much is my claim worth (injury/pain and suffering)?

Asked over 4 years ago - Temecula, CA

I was rear ended and got whiplash, it was not my fault. I spent $500 in car rental expenses and $2,100 in medical bills so far and lost $320 for my day of missed work. I didn't get my car back for a month and a half. How much would a fair injury settlement be for these expenses and my pain and suffering?

Side Note: My insurance is dealing with the property damage claim, which was about $11,000.

Attorney answers (4)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Hard to evaluate without knowing the full extent of your medical injuries and future medical bills. The best thing you can do is meet with a personal injury attorney. If they feel the case has value they will more than help you recover the percentage they take on a contingency.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Thomas Gerad Lewellyn

    Contributor Level 13

    Answered . Cases are difficult if not impossible to evaluate without seeing medical records and knowing all of the facts surrounding how the impact affected the person's life. Each case is different. That having been said I could give you a range that I think most personal injury attorney's would agree with. It would be between 5k and 10k. The amount could be lower if you have significant claims history or pre-exisiting problems; the amount could be higher if this is more than a whiplash,e.g. nerve root involvement etc, or there is a likelihood of significant future treatment. I have an number of articles in the link below which might be of assistance to you.

  3. Constantine D. Buzunis

    Contributor Level 17

    Answered . Stop dealing with the insurance company on your own and get yourself a competent personal injury attorney. The goal of the insurance company is to settle the claim as quickly and cheaply as possible and not worry about you, your future health or your rights! Good Luck!

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . No one here on Avvo.com can answer your question without a great deal more information.You should obtain needed medical care and treatment immediately and follow your doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to your medical records. Photograph your injuries and the damage done to any vehicle or other property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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