Wht is an adequate pain and suffering settlement amount?

I got hit by a car on my motorcycle; it was 100% the other driver’s fault. I was taken to the emergency room but did not suffer any serious injuries. The driver’s insurance company has offered me a settlement. They will pay all my medical bills, the cost of the motorcycle, all my lost wages and will give me $1,000 for pain and suffering. Now I know the $1,000 is probably their default offer to all victims but since I was not injured in the accident should I ask for more than this and, if so, how much more should I go up?

Asked on September 14, 2012 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you did not suffer any serious injuries and you were "not  injured," then $1,000 for pain and suffering is actually quite generous. Pain and suffering is compensation for pain and suffering, and is only supposed to be available for more serious, disabling, and/or long-lasting injuries--i.e. a bruise does not warrant pain and suffering. If you're not injured, you're not really entitled to a pain and suffering award.


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