Who decides how much I receive for pain and suffering because since my rear end car accident I have not driven because;I cant

Asked over 1 year ago - York, PA

I can not perform my job which is driving ;it is even hard to be a passenger in a vehicle. I still have severe headaches and I still fall down from my concussion. I am not the same person since the accident and today my therapist said I made a little progress but I would have these issues for the rest of my life.So because of the accident I may never drive again

Attorney answers (9)

  1. Noah Paul Fardo

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . The jury decides how much you receive in Pennsylvania. Although your medical records and medical bills may be evidence of your pain and suffering, injured plaintiff's are not allowed to tell the jury what you think your case is worth. Instead the jury is free to use their own life experiences to determine what your pain and suffering is worth.

    In addition to pain and suffering, you may also recover past and future medical bills, and past and future loss of income. Any other out of pocket expenses may also be reimbursed.

    It sounds like you are really hurt, and I would be contacting a lawyer for a consultation asap if I were you.

    good luck
    noah



    If you were injured in an accident, here are some things you need to do:

    1. Make sure you seek proper medical re

    This response is written for entertainment purposes only. It should not be relied upon for legal advice, and in no... more
  2. Gregory S. Shields

    Contributor Level 11

    9

    Lawyers agree

    Answered . I will try to answer your question and then I will provide some advice.

    At the initial stage, the insurance company that insures the person who hit you will place a value on your claim. If that is insufficient, (and it almost certainly will if you're negotiating on your own), then you will have to litigate the claim. If it goes to a trial, then a judge or jury will determine what your case is worth.

    It is important that you retain experienced counsel to assist you. The insurance companies will take your demand for settlement seriously. A good attorney will negotiate with any lienholders that may want to take part of your recovery. A good attorney will guide you through the process and answer your questions and make sure that you are properly compensated for your injuries and loss.

    This communication is intended as general information and not specific legal advice, and this communication does... more
  3. David Ian Schoen

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Ultimately, you decide how much you will settle for (hopefully with the advice of your attorney) or a jury will decide for you. It will be limited by the amount of available insurance coverage as well.

  4. Lidia L. Alperovich

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . It is my understanding that you are still treating for this accident. WHich means that the full value of this case is not clear yet

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Concussion injuries can be very serious. Only you can agree to the settlement number. Retain a personal injury lawyer with a low contingency fee, less than 30%, so you don't get hurt twice.

  6. Tatiana Kadetskaya

    Contributor Level 19

    5

    Lawyers agree

    Answered . You would agree to a settlement. Retain a good Avvo lawyer.

  7. Gladys E. Wiles

    Contributor Level 10

    5

    Lawyers agree

    Answered . It sounds like you are going through a lot. Being involved in an accident is never pleasant.

    If you have not yet, you need to retain a personal injury attorney to help you. Continue to treat with your medical providers to get better. Your attorney will assist you in valuing your case. Usually this becomes easier once you complete your treatment.

    The insurance carrier will also evaluate the worth of your claim. Your attorney will of course try to maximize your recovery and the insurance carrier will try to minimize your recovery. If you are unable to agree on a settlement, a jury may ultimately decide if and how much you are awarded.

    Best of luck to you.

    Gladys Wiles
    Snyder & Wiles, PC
    7731 Main Street
    Fogelsville, PA 18051
    610-391-9500

    The information contained in this Website is provided for informational purposes only, and should not be construed... more
  8. Michael W. Aitken

    Contributor Level 13

    4

    Lawyers agree

    Answered . You should consult with an attorney as soon as possible, if you have not done so already.

    This answer is for informational purposes only and does not in anyway constitute and/or form an attorney-client... more
  9. David B Sherman

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . Noah Paul Fardo gave you a very good answer. In addition your lawyer would try to settle the case for you before it got to trial. You would have to agree to the settlement. The amount of the policy limits of any applicable insurance policies also would have some bearing. There are also a few other variables. You really need to sit down with an attorney and discuss this in more detail.

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