How Much Do Insurance Companies Pay For Pain And Suffering
Several factors get included in any settlement in which money gets awarded. The seriousness of the incident, the type of medical attention required, the duration of recovery time, and any long-term consequences of the personal injuries are all factors to consider. Other considerations include the amount of available insurance coverage and the nature of the situation.
However, in my own experience, the average pain and distress payment in most claims is less than $15,000. This is due to the fact that the majority of claims include minor injuries.
The seriousness of the injuries has a significant impact on the amount of pain and suffering damages awarded. When you look at my larger settlements, you notice a few things in common.
In most cases, the injured survivor would not receive about $292,000 for pain and suffering. This is because the majority of cases do not necessitate a trip to the hospital and emergency surgery.
Why Are Soft Tissue Cases So Difficult To Pursue
Soft tissue cases can be difficult to pursue because of several different reasons. These are things that an experienced personal injury lawyer should be able to overcome. Examples include:
- If you failed to seek medical attention It is simple to comprehend that if you break a bone or hit your head, then there is no question that you go straight to a hospital. However, with soft tissue injuries, it can be a lot harder to determine the severity, and as they do not visibly appear too severe at first, many do not see a hospital trip as necessary. This can be a big mistake, both because of your health and because an insurance company can use this against you.
- An issue with causation Direct causation can create an issue in some soft tissue cases as the other side may try to argue your injury was a part of your prior medical history. Unfortunately, a lot of people try to cheat the system with fraudulent injury claims. This makes it harder for those who have actually suffered.
- Limited medical evidence Again, unlike a broken bone or internal bleeding, it can be more difficult to diagnose a soft tissue injury and then provide a sufficient amount of medical evidence.
Trucking Accident Attorney Results:
Trucking and commercial accidents are some of the most significant accidents on the road, due to the size of the vehicle. Brooks Law Group makes sure that commercial vehicle accident victims get the justice they deserve.
$1,050,000 settlement of a claim from a trucking company that originally denied that they employed the truck driver involved in the accident and further took the position that there was not any negligence on the truck drivers behalf because our client was a passenger of a vehicle that negligently pulled into traffic cutting off a tractor trailer. The settlement was paid by the alleged employer of the tractor trailer driver after we discovered evidence that the injured truck driver they claimed was not one of their employees had filed an action against them for failing to pay workers compensation to him for his injuries in this action. Also, we discovered evidence tending to indicate that the truck driver was driving at an excessive speed. We also uncovered evidence that the truck driver failed to take evasive actions to avoid the vehicle that had pulled in front of him.
$2,250,000 recovered for the wrongful death of a child. The child was a passenger in a pickup truck when a commercial vehicle traveling in the opposite direction made a turn in front of our clients vehicle.
$460,000 recovered. This case involved a elderly male pedestrian who was hit by a commercial vehicle backing across a parking lot. Comparative negligence may have been a factor.
You May Like: Every Day Estimated Eye Injuries Occur In American Workplaces
$38 Million Verdict For Mother Of 33 Year Old Woman Killed By Drunk Driver Insured By State Farm
This isnt my case. Maria Valle died at age 33 as a result of an auto collision caused by Hood while he was intoxicated.
Mirna sued on behalf of Marias mom since the mom was a survivor under Floridas wrongful death law. She sued in Miami-Dade County, Florida.
I assume that Maria wasnt married at the time of her death. If Maria was married, her mom wouldnt have been a survivor under Floridas wrongful death act. This is because Maria was 33 years old, which is older than age 24.
Since the mom was a survivor, she was had a pain and suffering claim.
In Florida, youre not entitled to money for pain and suffering for the death of a sibling. Therefore, Mirna had no claim for her own pain and suffering.
Before trial, Hood pled guilty to D.U.I. manslaughter. D.U.I. means driving under the influence of alcohol. Hood was in prison when the case went to trial.
Hood was going to appear in court in shackles. Valles attorney was concerned that this was part of a tactic to cause the jurors to think that Hood had no money.
Thus, Valles attorney agreed to drop her punitive damages claim in return for Hoods attorney agreeing to several things.
The stipulations were that:
- Hood drove the vehicle that collided with the vehicle in which Maria Valle was a passenger
- The collision caused her death
- Hoods blood alcohol level was .235%
- Hood was legally intoxicated at the time of the incident and
- He was at fault at the time of the accident.
State Farm insured the drunk driver, Hood.
Insurance Companies Have Made Soft Tissue Claims More Difficult
Insurers have made it a policy to reject most soft tissue claims and limit the bargaining power of individual adjusters over the last few decades. Except in situations where there is no doubt over who is at fault, adjusters get taught to make the lowest possible initial settlement bid. Before the case file gets submitted to defense attorneys to prepare for trial, adjusters can only be able to make one more bid. Because of the rigidity of this scheme, many injury law firms have turned down soft tissue lawsuits because of the low payouts.
Worse still, a soft tissue injurys early diagnosis leaves no space to evaluate how the plaintiff might get affected in the future if the injury does not recover according to the initial prognosis. Within three years, up to 64% of patients in one meta-analysis of 31 ankle injury trials had not completely recovered. Half of the patients experienced instability, 34% re-sprained their ankles, and a third of the patients experienced persistent pain.
To make the initial bid, insurance companies typically use a computer scoring system that is closely guarded by the industry. Allstate, for example, uses Colossus, which takes into account a variety of characteristics such as the nature of the accident, the geographic area, and similar settlements/verdicts.
Individual dynamics how you experience pain, what line of work you do, and what other symptoms may get aggravated, for example are not taken into account by the computer.
Also Check: Group Homes For Spinal Cord Injury
Insurance Company Coverage For Soft Tissue Injuries
So, if soft tissue injuries lead to the victim enduring pain and suffering, there will be full compensation from insurance companies since there is soft tissue damage and medical bills. But before anything else, the insurance company will do a comprehensive review of all the medical documents of the injured victim. This is also aided by any history of relative concerns before the car accident, such as pre-existing health conditions, body damage, and liabilities.
Now, the soft tissue injury and soft tissue cases must be recorded as much as possible. This will serve as evidence to ensure full compensation from insurance companies. The record can be from the doctor, photos of the bruise, scape, or cut, and any other else. It must be evident that the soft tissue injury and soft tissue cases caused pain, suffering, and a negative impact. Another thing, it is also helpful to attend an appointment with a doctor or hospital, which will provide more evidence on the soft tissue cases caught by an employee. The appointment can be both pre and post-check-ups that the compensation from insurance companies will also cover.
Are Soft Tissue Damages Serious Injuries
Yes, these are serious injuries and they require serious attention to be paid to both diagnosis and treatment. As proof, Ill mention that a large body of literature supports the fact that approximately 40% of soft tissue injuries resulting from car accidents are permanent. Do not sweep these injuries under the rug!
If a soft tissue injury is not identified in a timely manner, the injury will only get worse over time making recovery harder and in some cases, impossible. Because of this, it is important to take these injuries seriously and get treatment as soon as possible.
Recommended Reading: New Jersey Personal Injury Attorneys
Secrets Of State Farm Insurance: Exposed
State Farm commercials are pleasant and quirky, but you cant believe everything you see on TV. If you were in an auto accident and dealing with State Farm, its important to remember that business is the bottom line. You are more of an obstacle than a concern to an insurance adjuster, and minimizing your claim is their top priority.
As of 2022, State Farm is the largest auto insurance company in the United States, having $40.4 billion in premiums and owning a 16% share of the US auto insurance market. State Farm employs 60,000 people and has almost 19,000 agents. Furthermore, State Farm holds a 13.4% markets share in Texas, and is the second largest auto insurance company behind Progressive. In that regard, you literally have an army of insurance adjusters working against you when you are hit by someone insured by State Farm.
State Farms persistent bad faith is well-known, and one of the key United State Supreme Court cases on punitive damages was a lawsuit against the company for its handling of a car accident which killed one person and left another permanently disabled. The company has numerous class actions pending in 2022, including claims that it engaged in racial discrimination, and claims it arbitrarily reduced the value of totaled vehicles when it finally paid claims.
Results Verdicts & Settlements
At Brooks Law Group, we understand that when it comes to your lawsuit you are interested in results. With us, you can rest assured that when it comes to results we dont fool around.
Our People First approach ensures that we are committed to representing your case from beginning to the final verdict. We will fight on your behalf for a positive verdict to your case. At Brooks Law Group, we are not afraid to take your case to trial seeking a verdict. However, we also understand when a settlement can be a more favorable outcome to your law suit.
When you are searching for a personal injury law firm to represent you, ask about their actual recoveries. Although the amount of damages won is important we are proud to say that we collect those damages for clients. In fact, so many of our clients are satisfied with us that they refer us to their family members and co-workers requiring a personal injury lawyer across Lakeland, Tampa and Winter Haven.
Recommended Reading: New Treatments For Traumatic Brain Injury
What Are The Biggest State Farm Insurance Limits That I Have Seen
Several years ago, I think that I saw a $5 million or so umbrella policy with State Farm. That is a huge limit, and is rare with State Farm. Dont expect the at fault driver to have anywhere close to that insurance limit.
To get State Farm to pay you $5 million, or anywhere close to it, you will likely either need to be paralyzed, or badly brain injured. Alternatively, if a minor childs parents are killed in an accident, State Farm may pay $5 million or so.
I have also seen State Farm insure a driver with a $250,000 bodily injury liability limit, and a $1 million umbrella. You will likely need catastrophic injuries to get State Farm to pay you $1.25 million.
Here are some other articles Ive written on State Farm cases.
Did someone cause you to get badly injured in a Florida car accident? Did a dog bite you?
Check out some of the many Florida injury cases that we have settled.
$100000 Settlement With State Farm
This is not my case. In 2010, fifteen-year-old Sol Baldassini was driving a four-wheel electric vehicle in Key Biscayne, Florida.
Sol was driving a 2009 E-Z-GO ST Express.
To keep it simple, I will call this vehicle a golf cart. The vehicles owners had left it in the care of the Baldassinis while away on a trip. Sol, the daughter of Veronica and Gabriel, had taken it for a ride.
While driving the vehicle Sol accidentally hit Fiallo, pinning him between the golf cart and his truck. Fiallo was seriously injured and brought claims for his injuries against Sol, her parents, and the owners of the golf cart.
The owners had insured the golf cart under a State Farm recreational vehicle policy. They submitted a claim with State Farm. State Farm paid Fiallo $100,000.
Since the owners lent the golf cart to the Baldassinis, the owners were only liable for $100,000 per person for bodily injury. Florida Statute 324.021.
The Baldassinis were borrowing the golf cart. Thus, they did not have a recreational vehicle insurance policy for it.
The Baldassinis made a claim under their State Farm automobile policy instead.
You May Like: Coverage Amounts For Bodily Injury And Personal Property
Before Filing A Lawsuit There’s A Few Things You Should Know
Wisconsin operates under a shared fault law, meaning each person is held responsible for a portion of the liability in a car accident. If you weren’t fully at fault for the crash, you are eligible to win compensation for your injuries in a settlement or lawsuit should it come to it. Here’s a few more things you need to know about making a claim after an accident:
What is considered a low-impact car accident?
Unsurprisingly, the term low impact accident was created by insurance companies to describe auto collisions that typically occur at low speed and have minor property damage. Low speed is generally considered to be 10mph or less, aka fender bender.
The insurer considers the impact to be low based on the value of the property damage claim. The actual impact of a low-speed auto collision can be significant for the injured victim.
we take winning personally
Can you really get hurt in a low-impact car accident?
Without a doubt. Soft tissue injuries like sprains, neck or back strain are common after low impact auto accidents. People with a preexisting condition have a higher risk of injury, but anyone can get injured in low impact car accident. Low speed crashes can even cause more serious injuries involving the joints or spine.
Do whiplash injuries occur in low-speed rear impacts?
Whats a fair insurance settlement offer after a minor rear-end collision?
Case Study #: Client V State Farm Insured
Our client was heading eastbound on Woodforest Boulevard in Houston, Texas, when a State Farm insured attempted to make a left-hand turn from a private drive and caused our client to crash into the side of his vehicle. The State Farm driver was cited for Failing to Yield the Right-of-Way at an Open Intersection.
Crash Report Diagram
Our client later went to the emergency room complaining of neck pain and back pain with pain radiating down his legs.
Our client treated with a chiropractor 16 times and received MRIs of his middle and lower back. The radiologist noted a 2mm disc herniation at level L5-S1 of his lower back, indenting the thecal sac.
Our Clients Vehicle
We demanded State Farm pay us their insureds policy limits. State Farms initial settlement offer was $78,500. After several rounds of negotiations with State Farm, we settled our clients case for $89,473.
Recommended Reading: How To Treat Acute Kidney Injury
Calculating Pain And Suffering Damages In Soft Tissue Injury Claims
One may be entitled to pain and suffering compensation in the event of a minor car accident settlement. To do so, victims need to demonstrate how much agony and suffering they’re going through.
The most frequent technique of estimating pain and suffering damages is to multiply economic losses such as medical bills and lost wages by a multiplier ranging from one to five, based on the intensity of the soft tissue injuries.
When it comes to minor injuries, for example, the multiplier is commonly one or two. As a result, if the medical costs are $4,000 and the multiplier is two, the settlement is $8,000.
Long-term and more serious cases, or permanent injuries, such as brain injuries, spine injuries, injury to the internal organs, and many others, are given a multiplier of four or five.
Examples Of Settlements For Soft Tissue Injuries
Soft tissue injury compensation varies based on the severity of the damage and its impact on one’s earnings. After submitting a claim, a personal injury attorney was able to assist a claimant in receiving reasonable compensation. The claimant was in a small car accident that caused him neck pain, and the other driver was plainly at fault because he damaged his car’s front while attempting to overtake a truck.
Thankfully, the lawyer was able to settle the case and assist the claimant in receiving a $65,000 compensation from the motor insurance company. This demonstrates the importance of retaining the services of an expert personal injury attorney when making a claim to guarantee that one receives a fair settlement.
Recommended Reading: To Reduce Injury In The Event Your Airbag
Secret #: State Farm Will Use A Team Of Adjusters On Your Accident Claim
One tactic State Farm uses is to assign lower value claims to an entire team of adjusters. State Farm has a program know as Minor Impact similar to Farmers Insurances No Damage, No Injury or Allstates MIST programs in which they are arguing due to the small amount of property damage there can be no injury and thus no treatment costs. When this happens, you can be sure you wont be getting a fair payout. Labeling you as lower value means the company has already decided your accident was minor.
The difference between a single adjuster and a team of adjusters is this: team adjusters have less authority than any other adjusters at the company. This means that a team will offer you even less than an individual adjuster would, even though they are all motivated to minimize or delay your claim.
A car accident lawyer can help argue against these teams of adjusters that even relatively minor impact accidents can lead to injury. Filing a lawsuit can move your claim from a team to a single adjuster. While this isnt any indicator that theyll offer a fair settlement, it is a move in the right direction to let State Farm know you are serious about your injuries.