How much should I ask for in a personal injury auto accident?

Question

The other driver is at fault and has state farm insurance.

I suffered a sprained ankle, broken arm at wrist (ulna) and have 3% whole body disability from a neck injury (has bone spur contributed to accident that causes neck and arm pain). I'm out approximately 3000$ in lost wages.

I was working at the time (driver) and it is workmans comp so vehicle repair and doctor bills are to be paid to my employer. My case is with the other driver in this case not work comp.

Please do not simply advise to get a lawyer.

Also I live in Tennessee so theres not many million dollar cases won here for these types of cases. I want to be fair anyway so that wouldn't be something I would want. I also don't want to sell myself short as I am soul bread winner for my family.

Answer 1

The other party's insurance is not going to just pay you for "pain and suffering" type compensation - only actual out-of-pocket losses.  If you want something more, you'll have to sue.

Answer 2

You are entitled to recover lost wages and all legitimate expense caused by the accident.  Since workers comp is covering most of that you claim against the other driver is relatively limited.  Yes, you have some pain and suffering and a slight disability.  Don't expect much $50 k max.  Also, if you sue and collect, expect the workers comp carrier to recover their payment to you.  In fact there is some question if you can collect both ways. Since you are entitled to impairment compensation  through workers comp.  Remember the old adage he who represents himself in court has a fool for a lawyer.

Answer 3

Workers comp is going to go after the other guy, for reimbursement for medical bills and lost wages.  

Sprained ankle, broken wrist, that's not too serious.  I don't think this will be worth much.  3% disability - that's not much.  Before you get mad at me, you didn't specify what it was, or how much your medical bills were.

In the effort to educate you, please be aware that your workers comp carrier gets first dibs on any money you get - so be sure to include the medical bills and lost wages with any demand for pain and suffering you make.  I'd guess if you get $1,000 for pain and suffering (not knowing what the medical bills were) you're doing pretty good.