What is the best way to counter a settlement offer?

Do I need to give detail regarding how I came up with the number? This is pain and suffering

settlement from soft tissue injuries sustained in an auto accident, the party that rear-ended me admitted to fault. I am still receiving medical treatment, however I am afraid that I will incur costs that I will not be reimbursed for have read stories where insurance companies have not paid out at the end

as they felt the cost were not reasonable. The insurance company has offered pain and suffering of 1K and 4K for medical costs only payable for the next 2 months. I would like counter with a higher pain and suffering amount extend the medical cost till the end of the year.

Asked on July 15, 2017 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The case cannot be settled until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary , which means having reached a point in treatment where no further improvement is anticipated because you need your total medical bill, final medical report and total wage loss.
The medical reports determine compensation for pain and suffering. You will receive more compensation if you have residual complaints after completing your medical treatment than someone who has fully recovered.
There isn't any mathematical formula for determining compensation for pain and suffering. It depends on the severity of the injuries documented in the medical reports.
If you have fully recovered, I would ask for quadruple the medical bills to compensate for pain and suffering, but don't expect to get that. This is only for negotiations. Ask for more if you have residual complaints. You don't need to provide a breakdown of how you arrived at that figure.


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