Legal Question in Personal Injury in Arkansas

I was in an auto accident on July 6. The other driver was at fault 100%. I know I am entittle to Medical Bills and Lost Wages, but how do I figure Pain and Suffering and Mileage to and from Dr?

Asked on 8/07/10, 10:34 am

1 Answer from Attorneys

Jennifer O'Kelley The O'Kelley Law Firm, PLLC

To document your milage for medical treatment you should keep a log of the miles you travel for medical treatment, and submit a copy along with the other appropriate documentation when making a settlement demand to the insurance company. Generally speaking the federal milage reimbursement rate would be the ceiling, however, the insurance company may offer you much less than that rate. Mileage is only one of the issues that must be negotiated with the insurance company.

Arriving at an appropriate demand figure for pain and suffering requires analyzing the specific facts and records of a particular personal injury case. It is difficult to provide much guidance without knowing more about your case. Generally speaking the amount of pain and suffering that you are entitled to will depend on the severity of your injury and costs of medical treatment.

Arriving at figures to adequately compensate you for you injury is only a small part of the battle. Getting payment in this amount requires much more. Negotiating with the insurance company can be extremely difficult (depending on the company and the adjuster assigned to your claim) and may take a long time.

You should be aware that there is a three year statute of limitations. In other words, you will not be allowed to file suit after three years from the date of the accident.

Although it is possible to handle your personal injury claim without an attorney, an experienced personal injury attorney will know how to properly evaluate, document, and negotiate a favorable settlement (if possible). If the insurance company is unwilling to pay a reasonable amount in settlement, the attorney will be able to file suit to seek the recovery that you deserve. After being retained, a good attorney will immediately begin preparing your case for the possibility of trial. The attorney will be able to better prepare your case if hired soon after the accident.

Prior to becoming an attorney, I did work for casualty insurance companies, and I have a staff member with over 25 years of experience as a casualty insurance adjuster.

The majority of my practice is devoted to personal injury cases. I handle these on a contingency basis (I don't get paid unless you recover & my fee is taken out of the recovery).

If you desire to retain an attorney in this matter, please contact me at 501-837-2534 or [email protected] to schedule a free consultation.

Best Wishes and Good Luck.

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Answered on 8/12/10, 1:00 pm

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