How much money should an insurance company pay on an accident claim?

Question Details:Daughter was riding with a friend and had an accident which resulted in a broken arm. How much money should we expect from the insurance company beyond the bills?

Asked 3 years ago under Auto Accidents | 2408 Views | More Legal Topics

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Mike Harvath Answered 3 years ago

Hi.  There are many factors that are taken into account when an insurance company determines what it will offer on a claim for injuries.  Factors include such things as: the area of the body injured, whether there are any continuing, or even, permanent effects due to the injury, the age of the person injured, whether the injury affects the activities of the person's job (if working), and even whether the injured person has children or dependents that he/she provides for.  I am assuming that the sole injury here is a broken arm that healed properly.  A rough estimate of the settlement value range for this type of case can be determined.  A few additional details would be needed to make an assessment.  What are the total medical expenses resulting from all treatment due to this injury?  Was there any missed time from work or school? Additionally, are there any on-going limitations in the physical activities your daughter enjoyed before the accident?  Does she have any pain in the affected area on a daily basis (even minor)? These are the primary issues that are relevant.  I am a Missouri car accident attorney.  I can be reached via e-mail at mth2000@yahoo.com.  Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice.  The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

S.L,. Member, California Bar | FreeAdvice Contributing Attorney Answered 3 years ago

There isn't any set amount that an insurance company will pay on an accident claim.  The amount of compensation to request for pain and suffering depends on the nature and extent of the injury as documented in the medical report(s).  Factors to consider would include whether your daughter is having any residual complaints after being released by the doctor upon completion of her treatment.  Your daughter's age and whether or not the injury has affected her job and placed restrictions on her employment would be additional factors to consider.  Have activities of daily living been adversely affected?  Are there any long-term or permanent medical restrictions?  Is future treatment required and if so the nature, extent and estimated cost of that treatment.  These are a few examples of factors to consider when determining the amount to request for pain and suffering.  This is why the information in the medical report will be crucial in determining potential compensation for pain and suffering.  The amount you receive from the insurance company will be considerably less than the amount you request for pain and suffering and you want to take that into consideration in settlement negotiations with the insurance company by requesting a larger amount than you expect to receive.

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