How is a personal injurt settlement figured out?
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How is a personal injurt settlement figured out?
I was involved in about 1 1/2 years ago. I had to have surgery to repair a broken nose and deviated septum. The septum was damaged so badly they had to take cartilage from my ear to rebuild my septum. I was not able to have the surgery until 3 months ago. I was pregnant and not able to have the surgery at that time. The medical bills came to 33K. Should i speak with a personal injury attorney? I’m in Lucus County, OH.
Asked on October 21, 2011 under Personal Injury, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be advisable to speak with a personal injury attorney immediately because your injury occurred 18 months ago. If you don't file a lawsuit for negligence against the party who caused your injury prior to the expiration of the applicable statute of limitations, you will lose your rights forever in the matter.
As for how a personal injury settlement is determined, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bills. If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
In your case, you should file your lawsuit even if you don't have all the medical bills, medical reports, and wage loss documentation because the statute of limitations is approaching and if you miss the filing deadline, you will lose your rights forever in the matter.
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