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?

UPDATED: Apr 18, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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