How much should I settle for if I was in a car accident and injured?

UPDATED: Sep 29, 2022

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How much should I settle for if I was in a car accident and injured?

The guy who hit me was arrested and has multiple charges along with the DUI. My car is totaled so I know I will get the value of my car from the insurance company. I did go to the doctor who said I have whiplash. I have not missed any work, but have had about 10 days of pain and discomfort in my neck. I want to know the value of whiplash and pain? Since the insurance company will want me to settle, I need to know what is a fair value to settle for on the pain and discomfort. I assume that since it was a drunk driver they would want to settle it instead of take it to a jury who would not have any sympathy for a drunk driver who fled the scene of an accident he was responsible for. I know the value of my car would be about 5000.00 since it is

Asked on November 2, 2015 under Personal Injury, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can typically get your out-of-pocket (not paid by insurance) medical costs. If you only have about 10 days of "pain and discomfort," you might get an additional "pain and suffering award" of *maybe* $500 (or less)--though if you were in relatively so little pain that you did not even miss work, it's quite possible you would not get anything for pain and suffering. 10 days of discomfort simply is not worth much in the law.

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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