Pain and Suffering claim.

Well, I can't help a lot since I live in Brazil (I graduated this year in law school) and we have quite a different law system, but its a material (medical bills, wages, sick time...) and immaterial damages (Pain and suffering)

Material damages are easy to decide: all these costs plus interest (if you want)

But no fixed standard exists for deciding the amount of immaterial damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense. I've seen here cases of people receiving 10.000,00BRL (~ 5.000,00USD) for a broken TV and 100BRL (50USD) in the same case...

We say here that these immaterial damages are "the damages caused to your soul" it really depends what you think it's fair to receive as compensation.... (but if you are seeking an agreement let they talk their amount... don't say it first because they'll always try to reduce it...)

I hope that I could help and sorry for the bad english...
 
If you are going to file suit, first off you would be doing it against the insureance company. and if it goes to court (which it will cause well....its an insurance company and they are not gonna give you money without a fight) you can sure as hell bet THEY WILL have a lawyer.

Now if I remember right you were rear ended? If thats the case, its automaticlly the other persons fault, so the repair to your car, the pain and suffering, doctor bills, loss of work etc, is something that is owed to you in a way. But if the insurance company had thier way, they will write you a check for $50, fix your car and then try to sell you an insurance policy with them. And when you disagree with what they want to give you, it will go to court. and without a lawyer, you WILL NOT get what you deserve out of it.

You are not obligated at all to talk to THIER insurance adjuster at all. If he is giving you a hard time, thats something you can add to your pain and suffering. "harassing" is what I would call that. But seriously, get a lawyer, aim really high for what you want and then settle at a happy medium.
 
Don't be greedy.

Not getting a lawyer, someone who's livelihood is based on making you get the maximum allowable payment, could really cause you to get $50 and sent on your way.
 
HolyForce said:
You know accident attornies want 1/3rd of the payout? That's why I'm seeking some casual advice.

I spent 3 weeks with a f'ed up leg that was very painful. Lost a lot of sleep, couldn't walk, etc. I was also dizzy and sick from concussion. Emotionally/mentally, since I was on my inital 90 days at a new job, I was stressed I might lose my job.

I'm already asking for lost wages, vacation, sick time, and med bills.

However, what would you value the leg, stress and head injury time at?
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Nobody really takes pain and suffering claims seriously.
 
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