How much money will I receive for pain and suffering?

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How much money will I receive for pain and suffering?

I was rear-ended while stopped at a cross-walk. My car received minor damages- a dent and scratches. However, I had to go to a chiropractor because my neck began to hurt 2 days after the accident. The doctor told me I have a small fracture in my neck. I also have minor back pain. How much money will I be receiving for pain and suffering. Also I have to keep traveling to my doctors and lawyers office which is using up a lot of gas.

Asked on April 30, 2012 under Accident Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no hard and fast answer to your question--awards for pain and suffering are highly subjective and variable. To get some sense for what might be appropriate (rough rule of thumb), you should total your medical expenses; if your injury is causing disability or pain which actively interferes with basic life functions or enjoyment of life, an appropriate pain and suffering award for what you describe as "minor back pain" will probably be equal to between 50% and 100% of your medical costs. Note though that if the pain is sufficiently minor--e.g. the equivalent of a low grade headache or modest sprain or less--you might not be entitled to anything.

Also, you should be compensated, whether by insurance or by the at-fault driver, for unreimbursed or out-of-pocket medical costs; lost wages (if any); other costs directly attributable to the accident and injury (for example, possibly travel costs for medical care); and property damage.


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