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pammiekay77 · Jan 8, 2010, 11:38 PM

My fiancé was in an accident. He was driving a tractor/trailer, and a minivan hit the passenger side fuel tanks. The driver of the mini van admitted fault, and there was a whitness also saying that the driver of the van was at fault. My fiancé was off work from 9/24/09 to 1/6/10. Not only did he miss a lot of work, though he was paid by workmans comp, he is still really behind on the house payments, and our monthly bills, not to mention his truck payments. His injuries were of his lower back, soft tissues. This made it painfull to walk, ride in a vehicle for more than 30 minutes or so, he couldn't even drive his own pick up truck, nor could he climb into a semi truck. We were suppose to be married in July of 2010, with several bridal records to back that up, would that be considered emotional distress since now we have to change the date because what little we had saved for it, had to go towards some bills. What would be a good amount to start with for pain and suffering, and emotional distress?

excon · Jan 9, 2010, 07:11 AM

Originally Posted by pammiekay77

What would be a good amount to start with for pain and suffering, and emotional distress?

Hello p:

People who hire lawyers get about 5 TIMES the amount they would get if they didn't hire a lawyer.

excon

Fr_Chuck · Jan 9, 2010, 08:16 AM

I am having trouble, workers comp to my knowledge ( I have been on it a few times) always paid me a sum equal to my after tax income, so I see no reason he should be behind on any bills for any personal items.
And all of his medical payments would have been paid on top of this.

But then what is the total limit of the insurance company that hit him ? Since that will be the max you would ever get paid.

JudyKayTee · Jan 9, 2010, 08:29 AM

He was on the job when injured, right? Then I don't understand the financial part of the question.

Hire an Attorney - there is no rule of thumb (although an old wive's tale is 3 times the amount of the medical bills - and that's not true). He is going to shortchange himself or settle too early and later find out he has lasting health problems.

You are not married so you have no claim as a result of this accident. And, no, "emotional distress" is not grounds to collect UNLESS there is a mental help professional involved who can state that there are emotional/mental problems as a result of the accident.

pammiekay77 · Jan 9, 2010, 09:39 AM

Originally Posted by JudyKayTee

He was on the job when injured, right? Then I don't understand the financial part of the question.

Hire an Attorney - there is no rule of thumb (although an old wive's tale is 3 times the amount of the medical bills - and that's not true). He is going to shortchange himself or settle too early and later find out he has lasting health problems.

You are not married so you have no claim as a result of this accident. And, no, "emotional distress" is not grounds to collect UNLESS there is a mental help professional involved who can state that there are emotional/mental problems as a result of the accident.

I was not asking for anything for me. And as far as WC, yes he was on the job, however, here it can take up to a month for the WC payments to kick in. So there goes one month of bills-- not paid in full. When he finally got the letter from WC that they were paying him, it was alsmost 2 weeks after that before he saw a check. And though most would understand finacials, what they pay in WC is not what his normal checks were, they were quite a bit lower... There is where the financial part is questioned. Two house payments - late, two trucks= two truck payments- late--add up late fees, then other monthly bills--late... there is where finances start getting messed up... But thanks for your info...

JudyKayTee · Jan 9, 2010, 09:48 AM

What State? I have never seen a month waiting period. Yes, of course WC pays less than salary.

I would check with an Attorney because WC can complicate the settlement. Have they filed a lien against the accident proceeds?

twinkiedooter · Jan 9, 2010, 11:02 AM

Has he returned to work full time having been released medically by his doctor? If so, then he's just going to have to contend with the missed payments for the truck and the house.

If he is still not working full time, then he needs to get in contact with a WC attorney and see just what, if any, he can do about getting lined up to receive a settlement for his injuries after his doctors release him back to work. The injuries must be permanent and not resolved for him to get a settlement. For instance, he loses a hand or a foot. That is an injury that would receive a settlement from WC but only after a few years had elapsed.

The fact that your wedding has been planned means nothing. It is no different than if this was any other event. It can be postponed, etc. You'll just have to either keep the date or change it, or downsize the wedding to meet your finances. Delaying a wedding is not emotional pain and suffering that you can collect for. Pain and suffering is for say, a broken leg, broken arm, etc. If he had to see a psychiatrist or psychologist because he missed his wedding and it caused him a lot of mental strife that's different. He has "proof" that he was harmed emotionally. Events in the future can't be used in this way. Only events that have passed can be used.

Each state has their own WC laws and when the checks are cut. Had he gotten a WC attorney shortly after the accident he would more than likely gotten his first WC check quicker.

AK lawyer · Jan 9, 2010, 02:59 PM

I hope you are seeking recovery from the other driver, in addition to worker's comp.

pammiekay77 · Jan 10, 2010, 10:26 PM

Originally Posted by AK lawyer

I hope you are seeking recovery from the other driver, in addition to worker's comp.

Yes, he is. That is the settlement that we are trying to figure out what to ask for.he has an attorney, but we just wanted to make sure that what ever his attorney asks for was fair, and that he doesn't want to settle early just to get it over with. It is just so frusterating. We have never had to deal with this type of thing, and we have no idea what to expect as in how long does this settlement process take, or what all could he sue for. It was a soft tissue injury in his back. I know nothing was broken, but as a therepist, I also know that once your muscles , or soft connective tissue in your back are aggrivated, nothing will ever be 100% the same, and that there could be pain off and on for the rest of his life. So where do we start? I know the lawyer knows what to do, but we would like to know that he is getting all that he deserves. Not because we are greedy, but because one shouldn't have to suffer over anothers stupidity...

JudyKayTee · Jan 11, 2010, 04:23 PM

If you don't trust your Attorney my advice would be to hire another Attorney and the two of them can work out the fee.

There is no formula for figuring out the amount due him for pain/suffering.

You asked about emotional distress. Did you ask your Attorney that same question?

twinkiedooter · Jan 11, 2010, 04:55 PM

He can't even begin to start counting any settlement money until he is released by his doctors. I hate to inform you of this but most soft tissue injuries are not worth very much versus a broken bone type injury. Soft tissue injuries are not lifetime injuries either. I had severe soft tissue injuries in an accident and everything resolved itself with no loss of the strength nor did I have any recurring pain in the past 26 years from it. I think you're trying to count your chickens before they are hatched.