How do I know what to ask for regarding a personal injury settlement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I know what to ask for regarding a personal injury settlement?
I recently fell over a metal thing that was screwed to the ground in a parking lot – it was used to hold a tent up but an employee forgot to remove it when they took the tent down. I suffered a chipped elbow and tendinitis. My wrist still has swelling and my elbow is still very sentative but my doctor has released me after 5 weeks of occupational therapy. The insurance company wants to talk settlement with me and would like me to tell them what I feel is fair. During my injury I was unable to get in my swimming pool which I usually use daily during the summer months I also didn’t celebrate my 10th wedding anniversary due to the injury and cost of medical expenses. What should I ask for?
Asked on October 22, 2013 under Personal Injury, Mississippi
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
A general rule of thumb with these sorts of claims is 2X-3X actual medical. The 3X is for when a personal injury attorney is involved to allow 1/3 for the lawyer, 1/3 for actual medical expenses (including those paid by insurance) and 1/3 for pain and suffering, which would include the inconveniences you stated in your question. If you are settling without hiring a lawyer, you would be doing reasonably well to get 2X your actual medical bills.
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 AttorneyPages.com 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.