QuestionQUESTION: I need to submit a demand in today for a relative who is retired. Relative was involved in an auto accident, where the other party admitted fault. Relative suffered a constant eye-twitch for approximately 2.5 years. She has been treated by various doctors and only recently found relief of the annoying eye-twitch. The twitch occurred on average 20 times a day, everyday for 2 years and 5 months. The relative receives Medicare, so has not incurred any out of pocket expense. She has been inconvenienced by her many visits to various doctors and the discomfort of constant eye-twitch. Not sure what to demand. Suggestions/advice?
ANSWER: Lisa,
That is a strange ailment to be the result of an auto accident. Is it clearly documented that the accident was the cause of the spasms? If there is no question as to the cause, then the claim could be worth quite a bit. I would have to know where this occurred so I can account for the venue, but without knowing, my gut feeling would be that it is going to be a hard claim to settle.
You have to look at things from a realistic and logical point of view. Here are some sample questions you should be ready to answer if you plan to pursue an injury settlement. . .
1. What damage occurred because of the eye twitch?
2. Did the twitch affect vision, and if so, how severely?
3. What type of lifestyle did the injured party lead prior to the injury?
4. Are there other injuries?
5. How much did the actual medical care due to the accident cost?
You get the idea, I hope. It is hard to put a value on a claim without seeing all of the factors involved. As you have presented it to me, I would offer her $5000.00 as a nuisance value. If damages could be documented, I would consider the damages.
I hope this helps!
---------- FOLLOW-UP ----------
QUESTION: 1. Not sure how to respond to your question #1
2. The woman was 74 when the accident occurred; whatever poor vision she has is probably due to age. I cannot say she suffered any additional, visually.
3. At 74, it was not a very active lifestyle, but visits to doctors are not fun at any age.
4. No other noteworthy injuries.
5. Not sure; will tally the statements.
Would it be a fair demand to request 3 - 4 times the amount of the value of the medical expenses?
Thank you, you were a great help.
AnswerSorry for the delayed response, I have been popular today.
I don't want to be ambiguous in my answer to you, but please understand the limited information I have on your case. The questions I listed were intended to illustrate that there are many questions that have to be answered in order to determine the value of an injury. Wher this occurred makes a difference, too. For example, in New Orleans, it would be common to see jury awards of three to four times medical expenses, but in Dallas, two times the expenses would be more the norm. It is really about how conservative or liberal the jury is in a certain area. I will say that it is a common perception that older individuals are likely to suffer more than younger ones, so that helps the case.
You will have to answer #1 from my previous post to get an idea of how to negotiate this loss. I would answer it sorta like this:
The damages I suffered from the long term spasm in my eye include the mental distress due to people staring at me when I am in public, gas expenses to and from the doctor's office, loss of the enjoyment of some of my daily activities, and the mental stress associated with the wondering of whether I would ever have normal sight and control of my eyes again. To put a dollar amount on this type of suffering would be very difficult for me because I don't believe any amount of money can compensate me for the embarrassment, worry, or decreased quality of life I have suffered over the last 2.5 years.
That's just an example, but you guys better be prepared to list out damages and make demands for exact amounts. This is how you get a negotiation going. Don't take the adjuster's offers personally, simply negotiate until you are in range of a settlement.
JP
