I suffered a broken arm and fractured shoulder from a car accident. What should I get from the at fault insurance company?

When another driver is responsible for causing you injury, that driver's insurance company will be responsible for paying the damages within a "fault state." This can happen in one of two ways: either the insurer will make a settlement offer of cash that you will accept in exchange for releasing further claims, or you can file a lawsuit for your car accident injury claim and allow a jury to decide damages.

When you accept a settlement offer and release the insurer and driver of all further liability, you are bound by that agreement and may not later decide to change your mind. Before you accept a settlement for your broken arm and fractured shoulder, you should ensure that the settlement is providing you with sufficient compensation. One way to do that is to determine whether the settlement includes all of the different types of damages that a jury would consider if the case were to go to court. These damages include:

• Medical bills incurred in treating the arm, shoulder or any other injuries. You should not have to pay out of pocket for any medical costs that have already resulted or that will result in the future based on accident-related injuries.
• Lost wages that resulted from your injuries, causing you to miss work. 
• Monetary compensation for pain and suffering. Unlike with medical bills and lost wages, this is not an economic loss. However, you still should be compensated for it. Determining the appropriate dollar amount here is tricky. Many insurance companies have created "pain multipliers," which are formulas wherein the actual economic losses are multiplied by some set number (usually between 1.5 and 5) to determine pain and suffering damages. You may use this method when determining whether the settlement offer is fair, or you may also refer to similar cases where people suffered injuries like yours in order to determine what has been awarded in the past. Remember, though, every case is different and your injuries may be more or less severe than those past cases.
• Monetary compensation for emotional distress. Again, putting a dollar figure on this can be difficult.

Because of all of these different variables, and because the law differs from jurisdiction to jurisdiction, you should generally not try to determine alone whether a settlement is fair. Instead, you should consult with an experienced attorney who can provide you with assistance throughout the car accident injury claim process. Your lawyer will make sure your rights are protected and that you get the compensation you deserve.