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If I go back to work after an auto accident will it affect my pain and suffering settlement??? how much is the max

Detroit, MI |

how much is the max. i can get for pain and suffering.. and how long does it take to get it?

Attorney Answers 5


  1. You should be discussing this with your attorney. Whenever a client starts asking a question like this, I give them the same advice I will give you. You should NEVER do anything for your case. You should do everything that your medical providers tell you to do. A you should do nothing that your medical providers forbid you to do. If your sole concern is how it will affect the outcome of your case, you should probably NOT be off work unless ordered by a medical doctor. Being off work longer increases the amount of your special damages, not the value of your case.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. There is no way to determine without more information. What are injuries and what are your medicals?Talk to a MI injury lawyer.

    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 Alabama. Responses are based solely on Alabama law unless stated otherwise.


  3. I strongly suggest you contact an attorney for your claim. Typically, handling a claim on your own will result in your receiving significantly less than if you hire a lawyer (even after the lawyer's fees.).
    There is no way to tell you the maximum you could receive for pain and suffering. That figure depends on the severity of your injuries, the length of treatment and type of medical treatment, if any injuries are permanent, and many other variables. In some states there is a maximum amount you can receive under the tort reform laws but if you case has a value anywhere near that amount, you will most definitely need a lawyer.
    While some law firms seem to advertise they can get you money after "one call", the more reputable firms will tell you it may take a while to get you a proper settlement.
    What I tell clients is to do what the doctor tells them, keep all appointments, follow his instructions regarding whether you should return to work or not, and not worry about the value of the claim. Those that worry about the value of the claim tend to hurt it down the road worrying about the money instead of worrying about healing their bodies. Follow the doctor's instructions and let a lawyer worry about whether or not you are getting the proper value for your accident claim.


  4. All of the other attorney's gave good solid advice. I would only add that in any claim the claimant has a legal duty to mitigate his or her damages. This means that you must do what you can to lessen or minimize your damages. in reference to lost wages this means you should go back to work when your doctor clears you to do so. Sometimes it means finding other work that you are physically able to do if you are disabled from your normal work.


  5. If you were in a car crash in Michigan, your insurance company should cover your medical treatment expenses, pay your wage loss @ 85% of your lost wage and pay up to $20/day for household help. Of course, your treating physician(s) must verify a connection with the crash and the need for any medical treatment, household help and verify any work disability.

    It is purely a medical question as to whether you can/can't work. So it is between you and your doctor. It is not a legal question and no one should ever stay off work thinking they are "building" a case.

    In Michigan, a No Fault state, you must have suffered a "serious impairment of a bodily function" in order to have a pain and suffering case to state. It is really up to the medical test results/testimony of your doctor(s) as to whether you will have gotten to that "threshold".

    The amount of money you can recover for p&s is not capable of specific determination as many factors go into determining a fair amount for your particular situation. Such factors include the nature and extent of your injuries, the permanency of your injuries, how they effect your ability to lead your normal life, whether they are objectifiably verified, the amount of medical treatment, the amount of medical bills, the length of time of work, the amount of wage loss, etc. You would need to consult with a Michigan attorney that routinely handles auto crash cases to get an opinion on this and whether you are entitled to "the max". The amount of insurance coverage available to the person causing the crash is also a factor in answering "how much is the max".

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