Albuquerque, NM asked in Car Accidents and Personal Injury for New Mexico

Q: What is a standard Pain and Suffering settlement for a shoulder injury following auto accident

I was injured in an auto accident about 1 year ago. I have progressed through doctor appointments, physical therapy and cortisone shots and still have remaining pain and limited motion. The insurance company wants to settle the claim. I need to understand what might be a fair settlement.

2 Lawyer Answers

Joshua Bradley

  • Personal Injury Lawyer
  • Albuquerque, NM
  • Licensed in New Mexico

A: There are many factors that go into what a fair settlement will be--and, every case varies. It seems you have had extensive medical treatment, but you have unresolved issues as well. There are many issues you need to weigh before coming to a settlement with an insurance company. You also have to keep in mind the limitations of coverage on the negligent party's insurance. Unfortunately, there is just not a clear answer to give.

Peter N. Munsing

  • Personal Injury Lawyer
  • Wyomissing, PA

A: You need to contact a member of the N.M.Trial Lawyers Assn & Foundation --they give free consults. Problem is that you need to follow up periodically with a doctor or PT to document you still have these limitations. Best to get the free consult because the insurance company may not tell you about health care liens, other things and shoulder injuries can be seriouis enough to implace underinsured coverage if they didn't tell you. And if they didn't and you're not sure what I"m talking about, wouldn't it be good to have a lawyer explain these things--as opposed to an agent for a company whose profit margin is the difference between what they pay in and wha they pay out.

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