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What is the proper settlement for Pain and Suffering after being rear ended by FedEx truck?

Sunnyvale, CA |

Rear Ended by a FedEx truck last July. They paid to fix my car, and are paying my medical bills, but now want to settle for my pain and suffering and offered $1800. Seems low. Had to go to chiropractor for 2 months, was very uncomfortable, could not exercise, am now afraid cars are going to hit me from behind, made my OCD worse, No idea what future back pain I could have, but don't know what a fair amount is.

Attorney Answers 9


  1. Although insurance companies use software to evaluate claim values, there is no accurate way to tell you how much your claim is worth with this little information. The value of your claim depends on many factors, such as the type of injuries you received, how quickly you healed, any residual symptoms, the amount of your medical expenses and loss of earnings, anticipated future medical expenses and earnings losses, the amount of damage to the vehicles (shouldn't matter but it does), and how your daily life was impacted by your injuries. There are other factors, too. You will typically get a much better settlement offer or judgment if you have an experienced personal injury attorney who is respected by FedEx. You should contact a qualified personal injury attorney in your area for a consultation.

    This response applies only to California law, is not intended to be legal advice to any individual and does not create an attorney-client relationship.


  2. Thank you for your question, but I would need more information to give you an accurate answer. Several factors are in play here, for example: how much damage was done to your vehicle, was your car driveable after the collision, were you taken from the scene by ambulance, did you go to the emergency department, did a doctor prescribe the chiropractic treatment or did you self-refer, how many dates of service did you have with the chiropractor, what was the total amount of chiropractic billing, does your auto policy have medpay coverage, are you experiencing pain or numbness radiating into your arms or fingers or legs or toes, and several other questions I would have. Also, if you are planning to settle this claim without the assistance of an attorney, you should know that research has now established that claims settled by attorneys settle for an average of 50% higher than claims settled by non-attorneys. Therefore, your best bet would be to retain counsel. You may be settling a claim prematurely and for an amount below the fair-market value. Thanks.

    Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter into a written agreement signed by both you and I.


  3. "How much is my case worth?" is always a difficult answer for an attorney without the opportunity to review all the circumstances and documentation of a claim. I will tell you that at first blush, the offer does seem a bit low, but 2 months of "pain and suffering" is not necessarily worth a whole lot. You mentioned your OCD becoming worse and being afraid in your car, but you really can only make this a part of your claim if you have had some medical treatment for it. Did you see a therapist? If so, it can become part of your damages. Without medical documentation, I doubt FedEx will pay much attention to it. My best advice is to contact an experienced attorney in your area for a free consultation. It doesn't sound like a case to go into litigation, but I would hope you can get the offer up from where you stand. Best of luck.

    Steven A. Schwartz
    Attorney/Partner

    JOEL H. SCHWARTZ, P.C.
    One Washington Mall, 16th floor
    Boston, MA 02108
    (617) 742-1170
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    sas@joelhschwartz.com
    www.joelhschwartz.com

    The information provided is based solely on the question and facts presented. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. www.joelhschwartz.com


  4. You are getting low balled because you do not have an attorney.

    My law firm handles car accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . Our office gives free consultations over the phone 24 hours a day at 800-816-1529 x. 1.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.


  5. There is no set amount. However, you have broken the golden rule by trying to settle an insurance claim without a lawyer. You need to find a personal injury lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer. You don't want to be hurt twice. You can read about Fed Ex accidents on our website for your general information. Good luck to you.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  6. If you've suffered an injury, you need an experienced law firm that you can trust. With 31 years experience, we want to be your personal injury expert. We have represented accident victims throughout California working to insure they obtain the most substantial awards available from the Defendants and their insurance companies. You need an experienced and effective negotiator.

    Many years ago, 20 or 25 years ago insurance companies would pay lost earnings, medical bills and pain and suffering which would be three times medical bills. Those day are long gone especially in regard to chiropractic treatment. If you really believe you still have a medical conditions and problems yu need to see a medical doctor and if he or she can't figure out what's wrong with you you need to see a specialist i.e. surgeon etc. With straight up chiropractic bills they will usually pay tops $2000 to $2500 and after that they presume you are being over treated and enjoying massages. If Chiropractic bills are $1500 or less I would seriously consider the $1800. Your personal opinion about how else this accident may affect you will have to be validated i.e. seeing a psychiatrist. You speaking about how you are not comfortable is not going to carry much weight in terms of dollar value.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  7. Bottom line: 1800 is a lowball offer, but not at all unusual when a layperson tries to settle his/her claim alone. I've noticed a distrubing trend where people try to go it alone, armed only with general advice from attorneys online. That is not the way to handle your claim.
    I would need to review your case, and my office does routinely handle accident injury, but there are two critical prongs to all successful injury cases: liability and damages. It appears that liability has been accepted by FedEx, since they paid to fix your car, meds and are now trying to close out the file with a low number.
    The part of your case that requires an attorney is the damages prong. You cannot assess your damages by yourself. It is our job to determine nature and extent of injuries, present and future special damages, as well as non economic pain and suffereing generals. I am over simplifying for the purpose of this anwer, but my point is that an attorney can maximize your damages.

    Best!
    Melissa Mack, Esq.
    Alameda, CA

    My response, and all content contained therein, is for informational purposes only, and does not create an attorney client relationship.


  8. Compensation that you should expect to receive for pain and suffering depends on a number of factors. Those factors include, but are not limited to, the nature of your injuries, extent of care that you received, the necessity of that care and any lingering symptoms resulting from the accident. Without knowing more about your particular claim, it is difficult to determine whether $1,800.00 fair to resolve your claim for pain and suffering. The insurance adjustor typically does not have your best interests in mind. You should consult an attorney who is knowledgable in handling personal injury claims.