The fear is compensable as is pain and suffering. The pain and suffering figure will depend on what your future holds. For example, perhaps 10K is an acceptable figure for the month of pain you have endured. If however, you require surgery in six months or a year down the road, then the pain and suffering you have would, in my view grossly exceed the 10K. I guess my point is that a lot of this depends on what the future holds for you.
As a general rule a reasonable settlement will range from anywhere from three to five times the amount of the special damages. Special damages include the total of the medical expenses (even if you did not pay them but the ins. co did) plus estimated future medical expenses, lost wages and lost future wages and any other out of pocket loss.
I hope this helps. Pete
Attorney
19 years of private practice.