On pain and suffering caps

[sandnsea]

Just a note I thought I'd pass along. My daughter's fiance got in a car wreck a couple of weeks ago. Nothing too serious, muscle inflammation in his back and leg. But he's off work for at least a month. Well guess what. Our car insurance only reimburses up to $1250 a month for lost wages. I don't know if they all have that cap or not. He's supposed to recoup the rest of it through his pain and suffering claim. So when they cap our pain and suffering, they are also capping our ability to get lost wages in some instances. Something we need to find out more about and educate people about. I had no idea.

[Bunny]

1. They all do that. Have a cap on wage reimbursement, that is.

But the other person's insurance company will have to make up the difference in his pay through the lost wages and medical bills part of the settlement.

Pain and suffering amounts are over and above direct costs such as lost wages, med bills, prescriptions, hospitalization costs, durable medical supplies, etc. That's a flat amount that can be documented throught receipts, pay stubs, etc. It has nothing to do with pain and suffering. P&S is the nebulous figure that gets paid to compensate him for, well, his pain and suffering.

In Pennsylvania, there is an informal and unwritten rule re: P&S. It is reasonable to expect that your P&S award will be in the range of 2-3 times the total amount of your lost wages, med bills,etc. If your total bills are $5,000, your settlement award for P&S would be between $10,000-$15,000. Lawyers will take their fee, typically around 40%, and the rest is yours.

At least, that's what happened to me seven years ago when a kid pulled out in front of me and we crashed. Hope your daughter's fiance is okay, and tell him to be sure and get a lawyer. Don't deal with insurance companies on his own.