What is a reasonable personal injury settlement amount for an automobile accident?

The insurance company has already settled property claim and accepted fault of their insured. Now the medical claim has been submitted for $6,700. The insurance company offered $10,400. But that seems low for 4 months of treatment.

Asked on June 5, 2014 under Personal Injury, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally, you can get an amount equal to the cost of medical treatment; the projected future cost of treatment (reduced to present value, since it's better to get money now that later); an amount for pain and suffering if you have had significant disability or impairment of life for several months, in an amount (for, say, 4 months) equal to around 50% of the medical costs--more if there will be ongoing disability or pain; possibly significantly more in that case--and compensation for any lost wage or reduction in earning potential.

If the medical costs were $6,700, and the condition is more or less resolved, then a $10,400 offer for the medical costs plus pain and suffering may be reasonable.


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