How do you estimate compensatory damages?
Question Details:
My father was involved in a rear end collision, a driver ran into him from behind. My dad was at a stop light, and his car was a complete loss. Since the accident, he suffers from anxiety, back, and neck pain, headache, dizziness, and emotional strain. The ins. co. wants 2 settle with my dad, but I have no idea how much to ask for in compensatory damages, given the fact that the extent of injuries are uncertain and the medical costs which could be incurred in the future as a result of the accident are unpredictable. Could you give us some estimates based on other similar cases?
Auto Accidents Law Answers
Unfortunately, it is impossible to give you any estimates on what would be fair compensation for your father. Every case is unique, based upon its facts, the injured party's medical history, prognosis, etc.
Hopefully your father has been seeking medical care since the collision. Any gap in treatment will make it difficult for your dad to prove to the insurance company that he was injured and in pain. Documentation is key in personal injury claims.
Your father should obtain a free consultation for further information. My firm provides this service.
Regards,
Alexandra Filutowski
www.filutowskilaw.com
Generally, a settlement is comprised of special damages - to compensate for out of pocket expenses like time lost from work and medical expenses - and general damages to compensate for pain and suffering and future medical problems. It is important not to settle the case until your father is fully recovered or as recoverd as he is going to get. Do not settle until you speak with an attorney - you can bet that the insurance company will lowball you. Any questions - give me a call.
Clint Morgan
360.357.5700
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