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Subject:
COMPENSATION FOR HIGH SPEED REAR-END COLLISION
Category: Business and Money > Economics Asked by: perk121-ga List Price: $20.00 |
Posted:
11 Oct 2004 06:33 PDT
Expires: 10 Nov 2004 05:33 PST Question ID: 413114 |
WHAT IS THE AVERAGE COMPENSATION FOR REAR-END COLLISIONS THAT CAUSE WHIPLASH AND OCCUR AT HIGH SPEED(GAS TANK IS PUNCTURED AND QUARTER OF CAR IS DAMAGED).CAR WAS TOLALED. |
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There is no answer at this time. |
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Subject:
Re: COMPENSATION FOR HIGH SPEED REAR-END COLLISION
From: ipfan-ga on 11 Oct 2004 08:25 PDT |
There's a rule of thumb among plaintiff's personal injury lawyers: "Five time specials." That means that a fair measure of damages for pain and suffering is five times the plaintiff's ?special damages? (usually the medical expenses). The fact that insurance pays for some or all of that is irrelevant. Thus, you take your total meds and multiply by five to get the pain and suffering component, then add to that what it cost to replace the car. Note that it is likely your insurance company will have a claim to the medical expense reimbursement portion and the amount they paid for your car--this is called "subrogation." You get to keep the rest (the pain and suffering piece), unless your lawyer has taken your case on a contingency fee basis, then you get to keep 2/3 (or whatever percentage you agreed to). So there is no ?average.? It depends on how much your meds were, generally. |
Subject:
Re: COMPENSATION FOR HIGH SPEED REAR-END COLLISION
From: seneca21-ga on 02 Sep 2005 22:35 PDT |
That last comment is an example of what you get for free. Misinformation. There is not such rule of thumb....and in point of fact, in most whiplash cases getting 2X the medical bills is getting very tough. Consult a lawyer. Every case is different. |
Subject:
Re: COMPENSATION FOR HIGH SPEED REAR-END COLLISION
From: ipfan-ga on 06 Sep 2005 12:55 PDT |
seneca21, I defended these types of cases as an insurance defense litigator for eight years, and indeed, the "five times specials" rule of thumb was operative. You, obviously, have had different experiences. In my cases plaintiffs invariably ASKED for pain and suffering that was at least five times their meds. I did not say they GOT that much. Are you a PI litigator? A claims adjuster? I bet the latter since you seem to have a vested interest in convincing potential plaintiffs that they won't get rich off a PI verdict . . . |
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