What is a reasonable settlement for

UPDATED: Sep 30, 2022

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What is a reasonable settlement for

I broke my thumb and needed surgery and a cast for 5 weeks. The insurance company has offered me $30,000 as pain and suffering. Should I accept it or talk to someone that knows personal injury law? The other driver was at fault and cited by the police at the scene.

Asked on November 18, 2016 under Personal Injury, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There isn't any mathematical formula for determining compensation for pain and suffering.  It just depends on the facts of the case and the extent of your injury as documented in the medical reports.
In order to determine whether $30,000 is a good offer, it would be necessary to know your total medical bills, whether there are any liens that have to paid out of the settlement to medical providers, etc.  Also, if your health insurance paid for your medical bills, that company probably requires reimbursement.  If that is the case, it would be necessary to determine how much of the settlement would be left for you after paying the above items to determine whether or not it is acceptable.
Also, don't accept the first offer from the insurance company without making a counteroffer that is significantly higher.  The insurance company wants to pay as little as possible.  Therefore, its initial offer will be much less than it is willing to pay.

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.

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