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?
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.
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
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
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?
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":
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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