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RJ, Professor
Category: Personal Injury Law
Satisfied Customers: 3070
Experience:  Former Torts professor and former personal injury paralegal
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what is average compensation for pain and suffering for a broken

Resolved Question:

what is average compensation for pain and suffering for a broken right wrist resulting in 1 pin and 7 screws for 2 broken bone, that was caused by a slip and fall? workers comp. paid lost wages and medical bills. doc. said will get arthritis in wrist. i am 65 year old active male who is right handed
Submitted: 6 years ago.
Category: Personal Injury Law
Expert:  RJ replied 6 years ago.

If you are making a third party claim, your case is worth three times your related medical bills and lost wages. This way, you get money for your medical and lost wages and pain and suffering. Unfortunately, if you are making a workers' comp claim you cannot sue for pain and suffering. The workers comp carrier is required to pay all your medical bills and to pay you disability benefits while you are out of work. After you have reached maximum medical improvement, you will need to negotiate a settlement with the workers' comp carrier. Your doctor will give you a disability rating. For a wrist injury, you will probably get less than a 100 percent disability rating. You multiply the disability rating by two-thirds of your weekly salary. That is how much you will get for your settlement. Make sure you get an accurate disability rating. For more information, go on

If the workers' comp carrier does not follow this formula, hire a lawyer. Hire a local workers' comp lawyer. Go on Good luck and remember to press accept so that I may get credit.

Customer: replied 6 years ago.

my lost wages and medical are being paid by work comp but i may have claim against 1 or 2 other parties for causing the accident for pain and suffering. what would be average settlement for this?

Expert:  RJ replied 6 years ago.
The claim against the other parties would be three times your medical bills and lost wages. It does not matter if workers' comp paid these bills. You still ask for a settlement that is three times the full amount of the medical bills lost wages. For example, if you had 10,000 in medical bills and lost wages you would ask for 30,000 dollars. It does not matter if workers' comp aid the full 10,000 dollars. Each party would pay based on their percentage of fault.
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