How do I know what to ask for regarding a personal injury settlement?

I recently fell over a metal thing that was screwed to the ground in a parking lot – it was used to hold a tent up but an employee forgot to remove it when they took the tent down. I suffered a chipped elbow and tendinitis. My wrist still has swelling and my elbow is still very sentative but my doctor has released me after 5 weeks of occupational therapy. The insurance company wants to talk settlement with me and would like me to tell them what I feel is fair. During my injury I was unable to get in my swimming pool which I usually use daily during the summer months I also didn’t celebrate my 10th wedding anniversary due to the injury and cost of medical expenses. What should I ask for?

Asked on October 22, 2013 under Personal Injury, Mississippi


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

A general rule of thumb with these sorts of claims is 2X-3X actual medical.  The 3X is for when a personal injury attorney is involved to allow 1/3 for the lawyer, 1/3 for actual medical expenses (including those paid by insurance) and 1/3 for pain and suffering, which would include the inconveniences you stated in your question.  If you are settling without hiring a lawyer, you would be doing reasonably well to get 2X your actual medical bills.

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