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How Does Pain and Suffering Work Now? (Updated in OP)

Posted on 11/22/22 at 7:13 pm
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63345 posts
Posted on 11/22/22 at 7:13 pm
Wife (pics forthcoming) got in a wreck recently when some dumbfrick turned in front of her. Airbags out, car totaled. She was heavily bruised on her arms and abdomen. Didn't seek treatment. Other driver's insurance company has already paid for the car replacement, and now we're working on getting the deductible paid back. Is she entitled to anything regarding pain and suffering?

Only knowledge I have is a wreck I was in about 20+years ago. Unlike her, I actually did take an ambulance ride to a hospital, where I was examined and cleared. Couldn't turn my neck for about a week but otherwise no marks. Other driver's insurance company gave me $1,000 for pain and suffering after I inquired.

ETA: Wife had some of the original details incorrect. Our insurance paid out. Other party’s insurance sent a letter refusing coverage due to the driver being unlicensed. We do have uninsured motorist coverage. Anyone been through something similar and can suggest next steps?
This post was edited on 12/10/22 at 2:05 pm
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120300 posts
Posted on 11/22/22 at 7:14 pm to
Dont accept a quick check

Get Gordon
Get it done
Posted by Proximo
Member since Aug 2011
15554 posts
Posted on 11/22/22 at 7:15 pm to
Yes but you won’t maximize it yourself by asking the adjuster to please give it to you right off the bat
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21465 posts
Posted on 11/22/22 at 7:25 pm to
Explain that you have a damaged punitive and it’s going to take more than that to heal it.
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21465 posts
Posted on 11/22/22 at 7:31 pm to
You can’t seem to find your consortium either.
Posted by blueboxer1119
Baton Rouge
Member since May 2013
8000 posts
Posted on 11/22/22 at 7:33 pm to
Call Richie Zimmerman.


You're welcome.
Posted by Gostofkennyrodgerds
Member since Nov 2022
22 posts
Posted on 11/22/22 at 7:33 pm to
Her abdominal bruising was from me, so that cannot be attached to damages for the accident.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63345 posts
Posted on 11/22/22 at 7:40 pm to
quote:

Her abdominal bruising was from me, so that cannot be attached to damages for the accident.



Sorry ur pp so small u had to thrust so hard.
Posted by Purplehaze
spring, tx
Member since Dec 2003
1799 posts
Posted on 11/22/22 at 7:45 pm to
I am not being critical of shutterspeed.

Many people slam injury lawyers and want to limit punitive damages and the famous catch all of pain and suffering.

Until it happens to them or a close family member. Opinions change radically.

Unfortunately there are scumbags who make a living faking accidents and abusing the system.

I hope shutterspeed wins and gets all he and his wife deserves.
Posted by Breauxsif
Member since May 2012
22290 posts
Posted on 11/22/22 at 7:50 pm to
Contact a lawyer. Don’t try and negotiate a settlement by yourself with the insurance company. They’ll try and lowball you. An attorney will set your wife up with their Doc and she’ll need to begin treatment right away. You’ll need to quantify money spent on pain and suffering and that’s where an injury attorney would benefit you.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16466 posts
Posted on 11/22/22 at 7:54 pm to
quote:

Other driver's insurance company has already paid for the car replacement, and now we're working on getting the deductible paid back.


Why did you pay a deductible if the other driver’s insurance paid for your car to be replaced? Sounds like you paid.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63345 posts
Posted on 11/22/22 at 7:56 pm to
quote:

Contact a lawyer. Don’t try and negotiate a settlement by yourself with the insurance company. They’ll try and lowball you. An attorney will set your wife up with their Doc and she’ll need to begin treatment right away. You’ll need to quantify money spent on pain and suffering and that’s where an injury attorney would benefit you.


Her thought is that this would be small potatoes stuff since she didn't miss work or anything. Just very sore with multiple large bruises across her body.
Posted by notiger1997
Metairie
Member since May 2009
58145 posts
Posted on 11/22/22 at 7:59 pm to
quote:

An attorney will set your wife up with their Doc


And this doctor will make up all kinds of nice sounding injuries about neck and back pain.
Posted by Shaun176
Baton Rouge
Member since Aug 2008
2465 posts
Posted on 11/22/22 at 7:59 pm to
quote:

Just very sore with multiple large bruises across her body.


You can sue for loss of consortium.
Posted by Gator5220
Member since Aug 2010
3132 posts
Posted on 11/22/22 at 8:00 pm to
One call, that’s all.
Posted by footswitch
New Market
Member since Apr 2015
3925 posts
Posted on 11/22/22 at 8:02 pm to
This a troll?
Posted by dualed
Member since Sep 2010
4695 posts
Posted on 11/22/22 at 8:02 pm to
Step 1 after a wreck is head to the ER to get checked out. Gotta start the paper trail
Posted by nola tiger lsu
Member since Nov 2007
5291 posts
Posted on 11/22/22 at 8:06 pm to
quote:

their Doc


IE quack
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63345 posts
Posted on 11/22/22 at 8:08 pm to
quote:

Why did you pay a deductible if the other driver’s insurance paid for your car to be replaced? Sounds like you paid.


Is it not typical to pay your deductible to have your insurance deal with other parties and then have your deductible returned based on fault?
Posted by Cajun Tifoso
Lafayette, LA
Member since Sep 2010
2562 posts
Posted on 11/22/22 at 8:14 pm to
Try to establish venue in Pineville City Court. You're welcome.
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