What settlement should I ask for?

I had broken my foot in August and was healing and told surgery wasn’t needed. I had begun physical therapy and then was in an accident in October. After the accident they put me in a cast for 2 weeks and then did an ankle reconstruction surgery that cost over $40,000. They want to know what settlement I’m looking for and I have no

idea what to request.

Asked on October 10, 2017 under Accident Law, North Carolina

Answers:

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

Answered 3 years ago | Contributor

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.  Compensation for wage loss is straight reimbursement.
It may be difficult to determine how much of your medical treatment was due to your pre-existing injury and how much was the result of the auto accident.
It would be advisable to ask for policy limits (of the at-fault party's insurance).  If that amount is inadequate to compensate you for your injury, your only recourse is to sue the at-fault party for negligence.
If the case is settled, NO lawsuit is filed.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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