What is a fair pain and suffering settlement for minor injuries?

Asked over 1 year ago - Bradford, PA

I was recently in a car accident. I just found out I am entitled to a pain and suffering claim. The accident was the other drivers fault. She was not watching the road. I hit my head. I had a huge bump, my left eye was swollen shut, both eyes were extremely black. I could not leave the house for two weeks because I looked to bad. I had a concussion. I had to have stitches in my arm, the cut was long, so I have a large scar, but only needed 5 stitches. I have a scar on my other arms from a cut.. Both of my knees were bruised. I am also having back pain. The doctor is still looking in to the. It is not extreme. But it has been pretty consistent since the accident. Im off work. Everyone keeps telling me to make sure that I get a fair settlement, but I have idea about how much that would be.

Attorney answers (10)

  1. Colm William Kenny

    Contributor Level 9

    12

    Lawyers agree

    1

    Answered . The short answer: Depends.

    The long answer: Your list of injuries would indicate more than mere soft tissue injury. Your scarring and disfigurement has a seperate value from the pain, humiliation caused by those scars. There is no chart or spreadsheet that lawyers refer to in order to determine a "fair" settlement value. Rather, experience, and the specific facts of the case, including liablity issues, causation issues, treatment records, tort options, mitigating and aggravating charachteristics of the parties are part of the calculus used by personal injury lawyers to determine a fair value for settlement.

    I encourage you to consult with a qualified and experienced personal injury attorney in order to discuss this in person. Such a consultation is usually free, and retaining such an attorney would most likely be on a contingent fee basis.

    Best of luck to you.

    This answer contains general information only; and it is not intended as legal advice. It is not intended to and... more
  2. Sandra B. Worthington

    Pro

    Contributor Level 13

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    Answered . You need to consult with an experienced personal injury lawyer about this. The insurance company will take advantage of you if you are not represented. Do not give any statements and do not have any discussions with any insurance company involved except for simply reporting the accident to your own company which you are obligated to do. If they want a recorded statement, tell them you need to consult with a lawyer before doing this and do not let them railroad you into it.

    Call and ask my assistant to send you a copy of my book " The Pennsylvania Accident Book" and you will get a lot of really important information. Ask for Marilyn at 215-576-5150 after 1 pm today or go to my website and order it. The link should show up below this answer. www.WorthingtonLawGroup.com

    Nobody should try to tell you what your case is "worth" before you have even gotten a full diagnosis for your injuries. Any lawyer who would do that this early is not a lawyer you would want to hire!

    Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not... more
  3. David Ian Schoen

    Pro

    Contributor Level 20

    6

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    Answered . You should not be attempting to settle this claim without the help of a personal injury attorney who practices in your state. Initially, at this time, you really do not know if some of these injuries are going to get worse over time and once you settle the case, you will have no recourse. Second, you might hurt your case by talking to the insurance company. Whatever fair settlement value your case has you can be sure that the insurance company will not pay it. Finally, a fair settlement value can not be calculated at this time.

  4. Leonard P Haberman

    Contributor Level 6

    4

    Lawyers agree

    Answered . Unfortunately, pain from a car accident can last a long time, sometimes permanently. A fair settlement may depend on type of insurance coverage that you have. I am an attorney who handles cases such as these and would be happy to discuss the matter further with you. Feel free to contact me to discuss further. Insurance companies don't have a history of paying fair value to people without a lawyer, in my opinion.
    Len

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . The bottom line is that you need a good personal injury lawyer to work up the case. The secret is retaining a top-rated lawyer with a low contingency fee, less than 30 percent, so you get the lion's share of the settlement, not your lawyer, and you don't get hurt twice. Good luck.

  6. Terrence Marc Rubino

    Pro

    Contributor Level 14

    5

    Lawyers agree

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    Answered . i am not trying to gin things up but you have a legitimate claim/case. however you will never receive fair compensation on your own. you should promptly consult with a reputable injury lawyer in your area. if you do not know of one, the PA trial lawyers association will have a listing and your local county bar association will have a referral service. billboards and telephone book ads ought to be your last resource. if you don't have photos of the injuries and your car, have them taken. the concussion can have long term consequences as well as the knee trauma and your back. if the back pain is radiating into your hips or legs that can be a sign of a significant problem. make sure you consistently let your doctor, therapist, etc about all of the problems you are having. regarding the head injury, you may not know it but people around you might notice things like short term memory issues, personality changes, strange behavior for you, etc.. good luck.

  7. Ross Marvin Miller

    Contributor Level 11

    3

    Lawyers agree

    1

    Answered . From your question, it sounds like you may be negotiating with the insurance company yourself. If so, you should absolutely talk to a personal injury lawyer. Having an attorney handle your case will likely result in a significantly higher recovery for you. Also, these cases are handled on a contingency basis, which means you do not have to pay anything upfront; a lawyer is only paid out of your recovery. Contact an attorney as soon as possible, and good luck.

    This answer is based on general legal principles only and is not intended to provide specific legal advice. This... more
  8. Kevin Marc Habberfield

    Contributor Level 10

    3

    Lawyers agree

    Answered . You need to speak with a local personal injury attorney. Without knowing more, the question cannot be answered. You also should not post anything online regarding your claim.

    Good luck,

    Kecin

    Legal Disclaimer: Mr. Habberfield is licensed to practice law in the States of New York and Pennsylvania. The... more
  9. David B Sherman

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Assuming the accident was the other driver's fault, the answer to your question depends on several items, whether the scars are permanent, when you had the accident, how long the injuries last. If you have pain radiating into your legs you could have a herniated disc an your case could be worth over $50,000. Based on what you have stated, I would think your case is worth at least $10,000. It may be worth a lot more depending on several factors, some of which are listed above. I definitely think you should see an attorney.

  10. Lawrence Kalikhman

    Contributor Level 3

    2

    Lawyers agree

    Answered . You need to contact an attorney who handles personal injury cases immediately. If you do not, the insurance company will take advantage of you and try and make you settle your case for less than fair value. Generally, the value of your case is based on the injuries that you have suffered and how they have affected your life. Furthermore, these values vary on a case by case basis. Once again, I strongly suggest you contact an attorney who specializes in this field.

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