How do you determine how much to ask for pain and suffering when you are involved in and auto accident are and not at fault?

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How do you determine how much to ask for pain and suffering when you are involved in and auto accident are and not at fault?

My son and I were in and auto accident; someone ran through a red light and hit us on driver side. He was driving and had a bruised rib and chest pain from recent surgery and is ready to settle. I had bruised chest and sore muscle (recent breast cancer surgery), sore all over and severe headaches.

Asked on April 18, 2012 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you write, neither you nor your son have suffered permanent disability, impairment, or disfigurement from the accident. In that case, by one commonly used rubric, it would be reasonable to get an amount in pain and suffering more or less equal to your medical costs. You might also try doing some internet searches, and seeing if you can't find evidence of what people in similar situations (similar injuries) have been awarded by a court or settled their cases for.


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