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Q: COMPENSATION FOR HIGH SPEED REAR-END COLLISION ( No Answer,   3 Comments )
Question  
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.
Answer  
There is no answer at this time.

Comments  
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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