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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.