How much is my car accident claim worth?

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How much is my car accident claim worth?

I was involved in a hit and run car accident. I was listed as a victim on all documentation and the person returned to the scene later with insurance info. I was taken by ambulance to the hospital. I threw up numerous times that day, had bruising all over (especially my knees), air bag burns on my arms, back and neck pain, and knee pain. I went to the chiropractor app. 10 times, have had numerous X-rays of knees and was diagnosed with patellofemoral syndrom from the crash. My medical bills are $3600 and lost wages are $550. So what should ask I for special damages?

Asked on March 15, 2012 under Personal Injury, Maryland

Answers:

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

Answered 8 years ago | Contributor

If you have completed your medical treatment and have been released by the doctor or have been declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, assuming that you have obtained your total medical bills, documentation of total wage loss and have obtained your final medical reports, those items are your special damages.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  There isn't any mathematical formula for determining compensation for pain and suffering.  If the medical reports state that you will need future treatment, the estimated cost of that future treatment discounted to present value should be included.  I would ask for quadruple the medical bills to compensate for pain and suffering, but not expecting to get that .  That would be a starting point in the negotiations.  The insurance carrier will respond with a lower offer and you can continue negotiations.  If you are having residual pain, you might want to ask for more than quadruple the medical bills to compensate for pain and suffering.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the driver/registered owner of the vehicle who caused your injuries.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence against the at-fault party prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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