Car Accident – Am I Entitled to Pain & Suffering Without An Attorney?

I am a 34 year-old California resident. Back in the beginning of January, my son and I were hit while waiting at a stoplight. We were hit pretty hard – my vehicle was actually attached to the vehicle in front of me as a result of the impact. The person that hit us turned out to be under the influence of alcohol. There was a police report done, and the "drunk" individual was cited (in addition, this person actually left the scene of the accident – but was later found since the person in front of me took down the license plate). Thankfully, the person that hit us has insurance.

In January, I spoke with the insurance adjuster of the person that hit us – since there was no question that their insured was at fault, they accepted liability. The adjuster explained that after my son and I complete our medical treatment, they would make a settlement offer.

My insurance company initially paid for the repairs of my vehicle, but was reimbursed by the at-fault party’s insurance. Total vehicle repair came to $14,200.

In the accident, my son’s neck and shoulder were injured. He had a couple of medical visits and missed several days of school due to pain. Thankfully, he is currently not experiencing any pain now.

My neck and shoulder were also injured in the accident. However, my injuries were more severe than my son’s. Over the past nine months, I have had 4 1/2 months of physical therapy, cortisone injections, and medications with the pain not improving. Since conservative treatment was not successful, I recently had surgery to correct the impingement in my shoulder. I am currently continuing physical therapy.

Since the accident, I have missed time from work and have incurred out of pocket medical expenses (co-pays, prescription co-pays). The total so far for time off of work (Sick Leave, Vacation, Unpaid) plus out of pocket expenses is around $7500. And, the medical bills I would estimate around $25,000 – $35,000 (including the surgery/anesthesia bill). However, this is just an estimate – as I am still continuing physical therapy and will attend additional medical visits as needed.

I do not have an attorney, and am hoping it will not be necessary to retain one.

I thought I would give a little background leading up to my question. A co-worker of mine mentioned that she didn’t think my settlement offer would include an amount for Pain & Suffering since I do not have an attorney, and am not going through the courts to settle my claim. I was under the impression that my settlement would include time off from work & reimbursements in addition to an amount for pain & suffering. I do realize that every claim is different, and handled by a case by case basis. And, I understand that there really isn’t any "standard" amount I can expect to receive. However, when it comes time to negotiate a settlement, I was hoping to know what a fair estimate would be? And what the settlement will include – including an amount for pain & suffering? (Believe me, this whole experience has made my son and suffer in so many ways – physically, emotionally, and financially).

Does anyone have experience with this type of situation? Any advice / information would be greatly appreciated!

Thanks!
Thanks to all who have answered – you’ve all given great advice! To answer one of the questions – yes, it was arthroscopic surgery. Some of you mentioned that I should find out the policy limits of the responsible party. How would I do that? It seems like the adjuster may not be so willing to give up this information! In addition, if I have to file an under-insured claim with my insurance, will they include an amount for pain & suffering, or, only lost wages & reimbursements? Thanks again!

You can talk with a Personal Injury lawyer. The first initial consultation is free, Bring all of your insurance papers, medical bills, police report…any evidence you have obtained over time. He/she will evaluate your case and give you their opinion on what needs to be done to get all the compensation you and your family deserve. After your accident, the pain and suffering should cover all of your medical expenses, loss of work and out of pocket expenses. (keep every recite and document everything) You are to be made whole again….which means being in the same physical and financial position you were in before the accident. If they cannot make you physically whole again, they (permanent injuries and pain) they do it financially to compensate for your loss.

They have a maximum that they are allowed to pay out, but their primary job is to pay the least amount possible and to get you to sign on the dotted line. Once you sign off…you sign your rights away. Never sign anything without consulting a lawyer first. If you decide to get a lawyer, they will take a third of your settlement and any other legal costs. With your case and with everything that you have been through, I would seriously look into talking with one. It is their job to go after the insurance companies and to get you what you deserve. They handle all the work. After you obtain a lawyer…no more phone calls, no more paper work and headaches. They know all the ins and outs. Of course an adjuster will tell you that it is not in your best interest not to get one and will try their darndest to convince you that you do not need one. Their intersts lies within the company they work for…not you and your family (even though they come off as your friend) If you decide to get a lawyer…stop all communications with the insurance company and leave it to the lawyer. Good luck