Legal Question in Personal Injury in Washington

Figuring Pain & Suffering

I was in a no-fault car accident. The adjuster wants me to come up with a figure for my pain & suffering and present it to her. She gave me no formula for how to figure this out. Besides the lost wages, medical bills, and other items I can add up, is there a way to easily access how much pain and suffering I have encountered to present to her?


Asked on 9/27/97, 5:46 pm

3 Answers from Attorneys

Gary Preble Preble Law Firm, P.S.

Pain and suffering

By "no-fault" accident I presume that you weren't at fault. Are you dealing with your own insurance company or the other driver's?

You raise a difficult question. A rule of thumb I've heard is to demand 5 times specials (out of pocket, lost wages, etc.) and settle for 3 times specials.

You might check a local law library for a volume entitled NORTHWEST PERSONAL INJURY LITIGATION REPORTS by Jury Verdicts Northwest so you can compare settlements, verdicts and arbitration awards that have been reported.

Be careful before signing anything and that you have included all your damages. Try to avoid a quick settlement if you don't fully know the extent of your medical injuries.

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Answered on 9/28/97, 1:11 am
Andrew Sargent Law Office of Andrew H. Sargent

pain and suffering

There is no absolute rule but most settlement seem to be about three time medicals. However, that is when there is no permenant damage, full healing and no broken bones or scaring etc. Don't settle quickly but make sure you are fully healed. If you settle early and cheap you may not be able to reopen it if the damage is worse then than you though.

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Answered on 9/30/97, 6:25 pm
Michael Kinkley Michael D. Kinkley P.S.

Hire an Attorney

An Insurance company will give full value for a settlement only if an experienced professional has presented the claim. Imsurance companies are "for profit" corporations. The duty of the employees of that company is to save their employer money. You can make no credible threat of presenting a lawsuit. Insurance companies base their decisions on risk- An attorney creates a greater risk of a larger award. If the adjuster is being so cooperative their must be a significant impact or risk of significant injuries. Ask yourself: Why does the adjuster want you to evaluate the value of the case instead of suggesting a settlement value? After all the adjuster is the trained professional. The point is that the adjuster has already stacked the negotiation in the adjuster's favor by requiring you to make an offer which might be below what he/she expected to pay. Contact an attorney.

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Answered on 9/30/97, 9:51 pm


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