Legal Question in Personal Injury in Florida

pain and suffering

what is the ''normal'' payout regarding pain and suffering in a case of drunk driver hits pedestrian walking along highway? Pedestiran has 5 broken bones in foot....also was a hit and run but a witness to accident called 911 and followed drunk driver until police arrived. Is it common policy that attorney will not release information regarding what the insurance company is offering as a settlement?

Asked on 5/04/02, 11:18 pm

3 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: pain and suffering

There is no "normal" payout for pain and suffering in any case. Generally, cases involving hit and run drunk drivers will settle for a premium amount. However, it is also true that drunk drivers tend to have minimum insurance coverage or no insurance coverage. In which case, the injured person must get a judgment for the most possible, probably more than a hundred thousand dollars, and spend the rest of his life attempting to collect it from the driver. The debt will not be dischargeable in bankruptcy. If the injured person has his own auto insurance, with uninsured or underinsured motorist coverage, then he may be able to make a claim against his own insurer.

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Answered on 5/05/02, 9:53 am
Michael Tobin Michael M. Tobin, P.A.

Re: pain and suffering

There is no standard measuring of pain and suffering. Your attorney should advise you of any settlement demands or offers. Read the Statement of Clients Rights for more details. Punitive damages are generally measured by the financial responsibility or assets of the tortfeasor.

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Answered on 5/06/02, 2:55 pm
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: pain and suffering

Each case is different and in large part will depend on how great the quality of life has changed for the injured party. This may include the need for contiued therapy as well as a determination and degree of impairment.

Unless there is a suit which has already been filed, the attorney or insurance adjuster for the party who inflicted the injury does not have to reveal the policy limits or produce a copy of the policy. Once a suit is filed they would then be obligated to provide that information. Otherwise, an offer to settle if extended, should be made known in order to resolve the case.

If this is a person without insurance, that may present other comnplications as well. If the injured party is not represented, they should seek out counsel rather than attempting to resolve it on a do it yourself basis.

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Answered on 5/05/02, 12:36 pm

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