How much of a pain and suffering settlement should I receive for my car accident?

Question

I live in Wisconsin (not sure if that matters), and I was in an accident in February of this year. It was not my fault...the guy was driving the wrong way down a split highway and he smashed into the side of my car...(luckily I was able to swerve so he didn't hit me head on.) I ended up having severe pain in my neck and lower back...my hip got all twisted too. I was going to the chiropractor about 2 times per week, and ended that in May. I still feel like I'm not walking right...there seems to be something not right with my hip still. I am not sure how much my medical bills are going to be yet, but is there some way to know about how much I will get for my settlement? I have an attorney, but he doesn't want to give me any numbers yet. :( Any ideas? Thanks!!

Answer 1

If you are no longer treating, why hasn't your attorney submitted a demand package.  If you are still having problems with your hip, why aren't you going to a doctor(NOT a chiro), to find out what is wrong?  

Wisconsin is a No-Fault state which allows a policyholder to Add-On PIP coverage.  This coverage, if you have it, will pay for your medicals.  I am not entirely sure what the threshold hold requirements are in Wisconsin.  

If you are tort eligible, then the adjuster will evaluate your claim based on the nature and extent of your your injury, disability(total/partial), treatment and permanency, if any.   Your meds and lost wages will be included if you do not have the PIP coverage.   Not having your medical reports available, makes answering your question almost impossible.

Answer 2

There's absolutely no way to know.  It depends on a number of factors, including how your quality of life has been affected, whether your working ability has been affected, loss of income so far, medical expenses, etc.

Unfortunately, while they will take your claims into account of how you say you feel, for things like whether you're able to work or not, most courts require statements from up to 3 doctors to confirm a diagnosis for disability.  So you might say you can only work for 20 hours a week now, but if you can't find the doctors to back that up, the courts will think you're crying just to get sympathy and more money when you don't deserve it.

Now if you're job required being on your feet for 40+ hours a week (confirmed by your employer, not just your word), and the injury now prevents that and you were forced to take a different position at a lower pay rate, that would constitute loss of income and you could be entitled to compensation for that.

Most insurance companies will try to settle for cost of medical expenses incurred up to that point and a small settlement.