Hi again.

Yes, you can sue the member for negligence and demand compensatory damages, which includes pain & suffering. The member will likely argue that you've been compensated through worker's comp, but you can argue that you've only been compensated for actual out of pocket expenses such as medical and lost wages. You have not been compensated for pain & suffering. Determining how much to demand for pain & suffering is not easy because it depends on how badly injured you are. As a rule a thumb, you can start with demanding 3 times the cost of your medical expenses, and then increase or decrease that amount based upon how much you actually suffered. If you sue, you should retain an attorney, and he'll be able to guide you as to the amount to demand after reviewing your case in detail. So, the first step for you is to visit a local personal injury attorney to get the ball rolling.

If you would like any additional information or need clarification, please do not hesitate to ask!

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