QuestionQUESTION: Hi there, I had an accident a week ago and was rear ended by an uninsured motorist, then pushed into the car in front of me. I went to the ER via ambulance for neck, back and shoulder pain and was released in about 5 hrs after head and neck CT and xrays revealed no broken bones. My kids 8 and 11 were checked at the scene and sent home. 2 days later my 8 yr old started exhibiting increased pain, headache, loss of vision, unsteady walk, and then vomitting. We went to Childrens hospital where i was told she sustained a concussion and what we were seeing was result of activity too soon. No head CT since the accident was 2 days ago and risk of exposure to radiation vs benefits. My son 11 then woke a day later with almost the same symptoms and went to our pediatrician. Same diagnonsis and both placed on house arrest for 2 weeks. Missed beach trip for all of us, still fighing to get our money back since it was the beginning of my kids spring break. I am still suffering, been to a spine specialist, repeated xrays. Headaches, can't turn my head up or left, numbness of left arm, hand and jaw, severe anxiety, dizzyness, and pain 24/7 like I've never experienced. I am an RN, and have been out of work for a week. I am in agony and thats still an understatement. I have an MRI scheduled for Monday to rule out herniated disc, etc. and to develop a plan to get me back on my feet. I have UM motorist coverage max at $50,000 per acc, BUT am told that my state (alabama) allowes stacking so our 2 cars make it $100,000. Do you think I stand a chance with all of the above to recover this amount in medical (I know its hard because its only a week), and pain and suffering of all involved? People are telling me not to worry because with myself AND my 2 kids going through what we are, that the insurance company will probably pay it. Any thoughts. I anticipate a minimum of another week off work at least, and probably 4 to 6 weeks of PT. Pain is questionable, and I pray daily that it goes away.
ANSWER: Hello Lisa,
I am sorry to hear about the accident. The impact does sound pretty severe. I am a little confused regarding your question:
Do you think I stand a chance with all of the above to recover this amount in medical?
Are you asking me if the insurance company will cover the medical expenses? If that is your question, the answer is most likely yes. Medical bills and expenses are covered by your PIP/Medical Payments coverage up to the limit that you carry on those. After that limit is hit, the UM portion of your claim should cover the excess. You have a high limit ($50,000) or $100,000 (I am not sure if there is or not stacking in your state), but unless you go into back surgery, you should be pretty well covered.
If you question relates to pain and suffering and other expenses (the trip, loss wages).
The answer is "I do not think they will pay the limit." You should be compensated for these damages, but $100,000 or $50,000 is not likely to happen. Insurance adjuster will fight you to lower this. The insurance will probably pay, just not sure if they are going to give you that much.
For more about injury claims, please see:
http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html
I hope this helps
Good Luck,
Anne
http://www.quirogalawoffice.com/
http://www.spokanebankruptcy.org/
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QUESTION: So if all is okay in a few weeks of Phys Therapy, and my kids are not exhibiting any symptoms. What do you feel a "fair" or reasonable settlement would be? If my medical comes to say $10,000 and lost wages are aroung $8,000, what would be considered "reasonable"?
This has been pure Hell, my MRI shows 2 bulging discs, and I am set to start PT tomorrow. Now off work until the 31st at least. Of course the spine doc wont give me a prognosis as for how long term this will be, so I need some guidance. A friend of mine that does this as a parallegal for a large firm feels that asking $20k per child, and $40k for myself in pain and suffering is realistic, then the $18,000 in lost wages/medical. I have no idea, but that would make a wonderful nest egg for each of my children to have endured this physical and emotional trauma. Also stressing the fact that I am now officially "injured" in the eyes of all future complaints. Any on the job injury I may sustain from here on will call this a pre existing and I'm screwed. I lift, pull, and turn 50 to 100 lb people daily at work, and am on my feet for 12 hours shifts. I do not foresee how this will NOT be lifelong limiting, even if it recurrence of pain. I'm only 40, this back and neck were to last me another 30 yrs in my job. I'm stressed to say the least. Thanks so much for your help and any insight or answers.
AnswerHello Lisa,
Unfortunately I have no idea. It would be unethical from to give you a number as I know it is bound to be wrong.
Why? Because the actual language of the medical records make all the difference. If the records show that your medical expenses are high because of diagnosis treatment (x-rays, cat exam, MRI), then there is lower "injury" or treatment expenses. Also, if the records show that the injury was not necessarily that painful, then the settlement for that would be lower.
Your friend is a paralegal and she has more information than I do, but has she looked at the case? at all the records. Truthfully, 20k for a child's pain seems high unless the injuries are extremely painful.
You are talking about a lot of money here and you really should consider talking to a lawyer. They can help you with fair amount.
I am sorry I cannot be of more help.
