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Marsha411JD
Marsha411JD, Attorney
Category: Legal
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Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I was in an automobile accident on July 19, 2013. I was taken

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I was in an automobile accident on July 19, 2013. I was taken to the hospital in an ambulance, I had several x-rays I had a rib fracture, neck sprain, elbow, arm & shoulder, and leg pain. Posttraumatic stress disorder & went to physical therapy. The insurance company is paying medical bills. My question is what will I be able to negotiate as far and pain & suffering settlement?
Hello,

Thank you for the information and your question and I am sorry to read about your situation. The amount that you might be able to negotiate for your bodily injury claim depends on several factors. One, of course are the injuries you had, soft tissue damage is generally less likely to garner higher offers then actual fractures or scaring. Then other issues are what is the policy coverage for the driver (amount they have available under the policy), what potential lasting issues you might have medically, how much damage there was to your vehicle, whether other people were also hurt and filed claims, and who the insurance company you are dealing with is.

The latter issue is relevant because some insurers play hardball and are not flexible with their offers and more often than not, unless the person is willing to take their offer, just let things go to litigation. On the other hand, other companies are more flexible/reasonable and will settle if a reasonable amount can be negotiated. There is no firm dollar amount for the injuries you have, or even percentage per se. However, in general, insurance companies will offer a multiple of the reasonable medical bills as the settlement for a bodily injury claim. That could be anywhere from one times to three times the amount of medical bills they paid. That though is just a generally starting point.

If you have trouble reaching what you consider to be a reasonable settlement, I would recommend that you hire a local personal injury attorney to assist you in your case. However, keep in mind that they will keep a fairly sizable percentage of your settlement, so you want to keep that in mind.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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