Expert: Richard Hixenbaugh - 8/23/2011

Question
I was recently in a car accident where I was riding my bike through a cross-walk on a college campus with the right of way. A car turning left onto the street hit me causing a fracture to my tibia and a sprained knee. It has been almost twelve weeks since the accident and I am just now able to start walking on my own, but my knee continues to cause issues. The accident caused me to miss three classes and I had to reschedule a final exam the next week because of doctor appointments. My exam scores suffered from the accident as well. I was released from the doctor about a week and a half ago, so it's almost time to start negotiating pain and suffering. The insurance company is paying doctor bills, bike repair costs, and for my lost wages for the summer. We have been nothing less than cooperative through the process. I don't know what a fair amount for pain and suffering would be.

Answer
Hi Dawn,

There is no hard and fast rule. However, considering the type of injury and the length of your recovery I would say that you should be asking for pain and suffering equal to 5 times the total of all of your medical bills including those bills for physical therapy. So as an example, if your total medical bills are $10,000 ask for pain & suffering of $50,000. This is on top of them paying for all of the medical bills, your lost wages and any other expenses.

You need to prepare a demand package to send to the insurance company outlining the accident, your injuries and the expenses as well as your demands. You should look at a website called www.collisionwizard.com . It will help you prepare a demand package. It even has a claim calculator so you can enter your information and it will suggest a high and low range of the total value of your claim.

I hope this helps
Richard Hixenbaugh