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Pain and Suffering Question
I was the passenger in an accident. My husband was injured. He had laminectomy surgery on his back in Jan 2007 and was recovering fairly well. Our auto accident was in June 2007 and he had to have additional disk laminectomy because of the accident. He is not and will not recover, and is left with pain management.
I had only bruises. The other driver's insurance immediately sent me a $200 check. I've refused their offer. My life is greatly changed because my husband is in "lifetime pain" and we live on a 2 1/2 acre farm. I have to to do everything, he cannot walk more than 10 feet. He cannot lift, bend over, stand or sit for long periods without severe pain.
I seriously must do everything, pruning trees, mowing, animals, fixing, repairing, etc. He cannot even sleep through the night, which keeps me awake. He had horrific leg cramps, during the night and our sleep is totally destroyed most of the time.
The other driver ran a red light and slammed into my husbands door. He was ticketed, so it is entirely his fault. He only has $25,000 for accident coverage. We have gone through his coverage, our underinsured and now our Medical insurance is paying. We are paying our deductable fees. But, I want to know how I am compensated for my suffering and change of my lifestyle. Am I entitled to pain and suffering of $25,000?
Do I have any claim, I haven't settled and we do not know what I am able to do, or able to claim? Thank you
Wow. You potentially have a claim for loss of consortium. Please see:
However, these claims are difficult to make and your state law might bar part of the claim or everything. It really is a matter of state law whether or not this type of claim is acceptable.
You need to talk to a lawyer. There is not enough information here AND this is a strictly state by state situation. Talk to a lawyer and see what they tell you about your rights. The first consultation is usually free.
To find a local attorney, please see: http://www.auto-insurance-claim-advice.com/find-a-lawyer.html
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