What do we do about lost wages after an accident injured my husband? How? 11 Answers as of September 08, 2015

Our insurance is only paying 80 percent of my husband’s wages after he was hit by another car. He is receiving short-term disability from work. In these type of cases how much money would one be entitled to for pain and suffering? Can we get the remaining part of his moneys from the other driver's insurance company?

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Yes, pain and suffering compensation would come from a lawsuit against the other driver and his insurance company. Your husband would have to meet the injury threshold. What is the nature of his injuries?
Answer Applies to: Michigan
Replied: 9/8/2015
S. Joseph Schramm | Joseph Schramm
The amount of damages one might recover or hope to recover in a personal injury case such as yours depends upon the strength of the liability (how likely the other side would be found at fault), the amount of the medical bills (in an automobile case, then the amount of medical bills not covered by insurance), any lost wages, pain, suffering , loss of enjoyment of life, scarring and disfigurement, any anticipated future medical problems that could arise from the accident and even the county where the case wold be tried. Juries in some counties are more conservative than others in the amount of damages they award and most amounts for pain & suffering, loss of enjoyment of life, scarring and disfigurement and loss of life's pleasures. What you might try to do is to spend some time in your country's law library reviewing the county legal journal issues. It should have a listing of the jury verdicts as well as a summary of the types of the cases involved. Find as many as you can that approximate the facts of your case, see what amounts of damages (if any) were awarded and go from there. Alternatively, you could consult a local attorney who does personal injury cases and speak with them about the specifics of your case (not really given here). Most of these attorneys handles automobile accident cases and will be able to give you a better idea of the strengths, weaknesses and ultimate parameters of recovery, either by settlement or verdict.
Answer Applies to: Pennsylvania
Replied: 9/1/2015
Stephens Gourley & Bywater | David A. Stephens
Pain and suffering depends on a lot of factors. You should be able to recover the balance of the lost wages from the driver's insurance company.
Answer Applies to: Nevada
Replied: 9/1/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the insurance company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without. Certainly the wage loss is a part of the claim.
Answer Applies to: California
Replied: 9/1/2015
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
The amount that you will get for pain and suffering would depend on many factors, including the nature and extent of medical treatment due to injuries from the accident. It would be a good idea to get a free consultation from an attorney that handles injury cases. The main settlement would come from the other insurance company, but your insurance company would have a subrogation interest for what they have paid in the case.
Answer Applies to: Illinois
Replied: 9/1/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Case values vary significantly from case to case and place to place. It is the job of the personal injury lawyer to be familiar with and evaluate such claims. Consider consulting one. Good luck.
    Answer Applies to: Alabama
    Replied: 9/1/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under Michigan law, that is ALL you get for the first 3 years.
    Answer Applies to: Michigan
    Replied: 9/1/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    I'm sorry that the question of how much one is entitled to for pain and suffering is for a jury to answer, but you certainly should expect to recover such, plus the lost wages that were not made up by insurance, from the responsible party's insurance. You need to consult with an attorney in person.
    Answer Applies to: Colorado
    Replied: 9/1/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You have left to many unanswered questions to respond properly. Whose fault was the accident? If was the other driver, you can get all medicals paid, wages and pain and suffering. The amount depends on the nature of his injury, if it is permanent, the amount of his treatment and numerous other factors. You should get a lawyer to build the case properly. You will get many times more if it is handled properly.
    Answer Applies to: Connecticut
    Replied: 9/1/2015
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You need to consult a personal injury attorney to learn what recovery is either possible or likely. The only guarantee is that you / your husband will get less and have more headaches if you choose to go it, alone. You can find an experienced Personal Injury attorney here on Law QA. Attorneys on Law QA want to help you but we are not permitted to solicit your business. You must contact us.
    Answer Applies to: Illinois
    Replied: 9/1/2015
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    Accident victims can be compensated for economic damages: actual dollar losses such as medical bills, lost wages, and lost future income earning ability. Pain, suffering, humiliation, loss of enjoyment of life, and grief over the loss of a loved one are some of the non-economic losses for which a person may receive compensation. Insurance coverage will depend upon the facts of the case and which driver was determined to be at fault for the collision. If the other driver was at fault, then certainly you should file a claim against his or her insurance. You may also be eligible for under-insured or uninsured motorist coverage from your own policy. You would be wise to discuss the facts of your case with a personal injury attorney with a track record of success. Most reputable attorneys offer a free initial consultation to review the basis facts of your case and make a recommendation based on your individual circumstances. Most car accident lawyers will also take cases with merit on a contingency fee basis so that you will not pay anything up front. Best wishes for your husband's best recovery.
    Answer Applies to: West Virginia
    Replied: 9/1/2015
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