How much should I settle for in a personal injury case?

UPDATED: Nov 16, 2013

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How much should I settle for in a personal injury case?

I was in a car accident about 7 months ago. I suffered a back injury which resulted in spine surgery. The motorist who hit me was uninsured so I have dealt only with my insurance company. I have been paid for lost wages and they have covered my medical bills. Now they are asking if I’m ready to settle for the pain and suffering. I have no idea what is fair in this situation and don’t want to get taken advantage of. I am still not totally healed and it could be over a year before I am feeling closer to normal and may never be totally normal again.

Asked on November 16, 2013 under Personal Injury, Oregon


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

A rule of thumb is that you take the medical bills plus lost wages and add them together and multiply that times 2-3 to get the total award, including pain and suffering.  If you know what your medical bills were, since you may have a permanent injury, I would add that to lost wages, multiply by three, subtract what they have already paid, and that is your figure for pain and suffering.  If they try to low ball you much below that, contact a personal injury attorney. 

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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