How do I determine how much my pain and suffering is worth.

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How do I determine how much my pain and suffering is worth.

Hit by apple straddle truck who crossed the center line into my lane. I tried to avoid a head-on collision. He ended up hitting the drivers left front door and rolled me. I ended up in the ditch upside down. A fractured foot and deep bruising on breast and ribs. Time off of work. Foot hurt for almost a year and still annoys me.

Asked on May 5, 2019 under Personal Injury, Washington

Answers:

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

Answered 2 years ago | Contributor

There isn't any mathematical formula for determining pain and suffering.  Pain and suffering compensation is an amount in addition to the medical bills, and varies from case to case depending on the medical reports.  Since you had a fracture and have residual complaints, I would ask for ten times the medical bills for pain and suffering, but DON'T expect to get anything close to that.  The insurance company will respond with a much lower offer.  You can continue negotiating to try to get the insurance company to increase its settlement offer.
If the case is settled, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject them and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit 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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