What are my rights regarding a pain and suffering settlement?

UPDATED: Dec 19, 2013

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What are my rights regarding a pain and suffering settlement?

I was the victim of a vehicular accident about a month ago.. I received bruised ribs, and was on pain medication for about 3 weeks. The other driver’s insurance company has offered me $1250 for pain and suffering. Is this a normal amount, and what if there are complications in the future?

Asked on December 19, 2013 under Personal Injury, New York


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

If you settle the case, you will have to sign a release from liability, which means if there are complication later, you can not collect anything additional.  A rule of thumb is that total damages in a personal injury case should be 2-3X actual medical bills.  If your actual medical bills are more than $1250, it is not a good deal.  If the medical bills are less than $1250, it is probably an OK deal.

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