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.
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.
If you were injured in an accident, here are some things you need to do:
1. Make sure you seek proper medical re
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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 not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.
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.
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 relationship.
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.
Snyder & Wiles, PC
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Fogelsville, PA 18051
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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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