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How much is pain and suffering worth?

Marissa, IL |

On Feb. 23, I was injured in an non-vehicular accident that was not my fault at a sporting event. I sustained a strained back and bruised and dislocated tailbone. After 7 1.5-hour physical therapy sessions, the back is now fine. However, my tailbone injury makes it painful to sit without use of inflatable pillows or chair pads. My profession is a desk job, so I sit all day. Driving is also painful.

My medical bills have been in the $4k range thus far. Assuming there are no more significant medical costs, what is a fair amount to ask for compensation?

Please keep in mind that I realize I'm being very vague, but I'm not even sure what ballpark is considered fair. I don't want to be someone who is "looking to cash in" on my accident, but I do deserve something that's FAIR.

Attorney Answers 9

Posted

That's a complicated question that requires you to answer some questions first. What is the value that you place on on the theft of your lost comfort when you sit down. What is the value of the embarrassment you feel when you have to get up when you're sitting with friends or in a business meeting because your tail bone hurts? What is the value of the lost time expended on therapy appointments and lost productivity that resulted from the injury. Put a number on that, then consider it from a perspective of a reasonable juror. Reduce it further by factoring in the perspective of a juror brain washed by the messages about the need for tort reform and frivolous law suits and you will arrive at a settlement amount.

This is not legal advice. This is merely a recommendation on how to get what you need from the Court.

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Posted

A good personal injury attorney would need to review the facts of the incident; the medical records & charges; the chances of future medical care & possible wage loss; if there is a possibility of a permanent injury etc. All of these factors are necessary for a true evaluation of your claim. Contact an IL personal injury attorney ASAP. Good luck

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

A plethora of factors go into determining pain and suffering. Retain a personal injury lawyer in Marissa to evaluate.

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Posted

Full fair valuation of a personal injury case requires thorough analysis of many factors including but beyond those you've listed. Crucial to the analysis is how the injuries affected the injured person and may well continue to have residual effects. Click the link below for my "injury calculator":

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

Your submission is too vague for a definitive answer. You really need to consult with a victim's attorney so that a more comprehensive discussion of the facts can take place. Good luck.

Mr. Padove is licensed to practice law in Illinois and Indiana. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. Burtonap@aol.com (219) 836 2200

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Posted

The question is possible to answer only if you know what the market will pay--insurer or jury.

Every case is unique. This is why lawyers are valuable--we know how to argue and present the amorphous damages.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

There are a number of factors attorneys use to evaluate fair settlement value and it would be difficult within the scope of a site like this to give you an accurate answer. I have very little doubt that, whatever that amount is, you will only receive a fraction of it in representing yourself. Did the accident happen in your home area or elsewhere?

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

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1 lawyer agrees

Posted

There is no exact answer to your question.

Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com

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Posted

It depends on how the accident happened. If you were a participant in the sporting event you may have assumed the risk of certain injuries. If you were a spectator and were injured then a fair settlement for pain and suffering will be assessed by a lawyer in your state who is familiar with the value of such a case. Hopefully he or she will search past verdicts in your state for similar injuries and show you what the average value is. Here in New York it may be in the range of $15,000 to $35,000.

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1 comment

Asker

Posted

Mr Dell, thanks for at least providing what a reasonable range is. That's been a huge help.

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