QuestionHello,
My 22 yr old daughter was recently in an auto accident. She lives on her own and has a small child. Her car was totalled and she suffered a severe fracture to her wrist,it required surgery.(Her writing hand). She works about 24 hours per week and is a full time college student,and a mom...all of which she has been unable to do, or do independently. We believe her medical expenses will be somewhere in the neighborhood of about $30,000.
The accident occured out on a rural highway the other driver failed to stop (his insurance has accepted liability). With all that said... I have some questions: 1. What is the best method for us to figure pain and suffering. (nothing personal we don't want to hire an attorney if possible, because we don't want to look like we are in this for the money, because we are not however,we do want her to get a fair settlement. 2. Because she is a single mom working and going to school, how long will all this take to get settled? We are spending alot of time working on all these details.
AnswerHi Stacy,
Good for your daughter that she has chosen to continue in school and work, with a child too. Let's hope that she is on the path to complete restoration of her health without too much pain and suffering. Of course, with "a severe fracture", there is always the possibility of residual problems.
I am going to answer your question, and give you the information you asked about, but first I want to discuss whether or not you should get an attorney. I am going to give you an earful that you may not want to hear, but since this is your daughter's claim, not yours, I am hoping you will put aside personal affront about what I am going to say, since it is for the benefit of your daughter. And because it appears from your attitude that you are a novice in claims settlements, I am going to give a ton of my time to help you with both your attitude and with the specifics of the insurance claims process.
Let's start with your attitude toward the tort system: toward getting what is due to us in terms of compensation for injuries caused by another. There are a lot of legitimate reasons for getting an attorney or doing it on a self help basis, and I respect those decisions based upon those legitimate reasons.
But your reason is totally unacceptable. What? You watch Fox "news" or you have been propagandized by the insurance industry? You state:" nothing personal WE don't want to hire an attorney if possible, because WE don't want to look like WE are in this for the money, because WE are not however, WE do want her to get a fair settlement."
Now I am going to be frank with you, Stacy, because this is NOT your claim—it belongs to your daughter. So don't take this personally, because I am looking out for her interests in this. You might be shocked to hear this, but your attitude will poison her claim. The adjuster can smell your attitude by your language on the phone or in letters you write. It is like a claimant vomiting out the statement that she will do anything to avoid going to trial—the other side just smiles and knows that they will take advantage of them.
Who is this "WE"? Five years from now when your daughter has some residual nagging pain, or her fracture site aches with weather change, will your daughter give thanks that "WE don't want to look like WE are in this for the money?" Who sold you on the idea that it is your daughter's duty to suffer financially because her parents have been subjected to propaganda about the tort system?
So in your excellent corporate-friendly picture of the world you believe that it is the duty of all of us to suffer and forego getting what we are entitled to? Well, we see people like you on juries, Stacy—and we hope that their fellow jurors can help them to understand that our tort system is an exceptionally fine way to resolve injuries in our society. You have been the subject of years of conditioning, and I want to help you to understand that the insurance industry is NOT FAIR. They will NOT treat your daughter "like a good neighbor", and if you do not change your attitude, she will NOT be "in good hands".
Those are TV commercials—not even close to how the insurance world works. Fairness is NOT what adjusters get paid for. Do you really think that when the annual review comes along the adjuster is evaluated on how FAIR he was to the claimants? Because that is how you have structured your attitude toward the tort system and getting money. NO, the adjuster gets paid for how well she can screw over the poor injured claimants.
Don't you see that the adjusters love it when they encounter a person with your attitude: "we don't want to really fight in court; we just want what is fair"? But this is not your claim that you would have compromised if I had not written these "loving" words for you, Stacy.
NO, this is your daughter and grandchild whose future you are trying to compromise by an attitude that is poisonous to your daughter's claim. Part of the reason I am going on to this extent is that your attitude will come across to the adjuster. You MUST take the position that you are in this to FIGHT for the HIGHEST award possible. Understand that someone you do not even know was negligent and caused severe injury to your loved one. We can forgive that person, but it is not acceptable to suffer without compensation when that is our right.
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OK, Stacy, if you are still with me, I hope that my words will help you to change your attitude so that you become committed to FIGHT for the highest award you can get. Having said that, I am going to give you the full boat load of information so you can decide whether or not you want to take this on yourself.
Here is the outline of the SEVEN topics I want you to read.
#1. Do Not Settle Too Soon
#2. Learn how to settle her personal injury insurance claim AND DO IT YOURSELF.
#3. Learn the Factors That Influence Valuation of an Insurance Claim
#4. NARRATIVE REPORTS can help settle personal injury insurance claims.
#5. WITNESS STATEMENTS. Consider using witness statements to settle insurance claims.
#6. Possible Policy Limits Claim? Be Aware of Giving Notice of Settlement to Your Own Insurer.
#7. Effective communication with insurance claims adjusters.
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#1. Do Not Settle Too Soon
As for your daughter's injuries, she must ALWAYS see the doctor about her pain and suffering. And do not settle too soon. She was in a big time accident, so her body was subjected to a lot of trauma.
In three months, you might want to settle. But ask: is her body completely healed such that after a full day at work and school she has no residual pains at night or soreness the next morning? Healed such that she can lift things and do the same activities as she did last summer without any worry that she will have pain that night? If that is the case, go ahead and settle. If not, then continue her treatments. If she does have pains as I discussed above, you might consider trying chiropractic. http://www.settlementcentral.com/page8010.htm Severe Whiplash and Soft Tissue Car Accident Injuries are Treated Most Effectively by Chiropractors, According www.SettlementCentral.Com self-help insurance claim Members.
If she does have some pains, then Continue Medical Treatment for Residual Injury Pains and do NOT Settle too Soon. I am willing to bet that even after her treatments, once she starts to get more active, she will notice pains once again. Mark my words that at first she will have a dull ache, and that ache will become a nagging pain with her increased physical activity if it is not treated.
DO NOT SETTLE YOUR DAUGHTER'S CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE SHE STRESSES HER BODY WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING AND SCHOOL. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Plus, who will pay for her medical care incurred AFTER she settles? What if you were to settle now and nine months later when she is suffering at work and school, and the pain starts to become too much, and she goes to a chiropractor only to discover that she can expect a course of treatment that will cost a lot of money? After she settles her claim, all further treatment is HER responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement.
Here is page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, THAT IS IT: she will never see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
So, when this happens, even if a couple months or more post-treatment, she should not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A FALL ACCIDENT http://www.settlementcentral.com/page0104.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
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#2. Learn how to settle her personal injury insurance claim AND DO IT YOURSELF.
OK, Stacy, now I am going to suggest that you take a few minutes to gather some information on the personal injury claims information at www.SettlementCentral.Com, Dr. Settlement's website.
Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Just skim this one and don't spend much time on it: overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages. Why should you pay someone one-third to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
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#3. Learn the Factors That Influence Valuation of an Insurance Claim
Valuation is not like going to a drive-in for a fast food meal. It takes time and study of many factors, including liability and medical records. Plus, one would like to meet the claimant to see how she will “sell” to the other side and to the jury. Those online sources that mention a "rule of thumb" is just that: a gross estimate.
SHORT ANSWER: A common theme among those who still think a “rule of thumb” formula will put you in the valuation ballpark is to multiply the medical specials times a number from ONE to FIVE (depending upon factors, some of which I will give you later—or all of which are fully discussed in the members' side of my website, dealing with insurance settlements www.SettlementCentral.Com ). Then that figure is the total value of the personal injury portion of the claim. Of course there is a long list of factors to consider for adding or deducting from the total.
Let's take a look just one factor that puts the lie to the general use of this rule of thumb. A not so obvious, but very important factor that shows how inaccurate a “rule of thumb” formula can be is just plain location of the trial. Let's start with geography. Values differ from state to state, and within each state. City values are often different than rural values on claims, especially if the economy is tenuous in small towns. And the differences can be HUGE between these areas, even if only 20 miles apart.
Here is a listing of factors that will affect both the multiplier you will use, as well as the value of the claim inasmuch as they will increase or decrease the product of your multiplication.
1. LIABILITY DISPUTE
This is a big one because it most dramatically affects value. This is a positive for her.
2. Trauma suffered
The value of your claim increases with a bigger crash, and decreases with a low damage tripping wherein one catches herself on the way down.Why? Just human nature. Again, this is a positive for her.
3. Medical special damages
Cost of medical and related health care expenses; higher costs usually equate to an increase in value (excepting, of course, cases of gross overtreatment).
4. Type of injury
Where does the injury fall within the insurance industry's "hierarchy list" of valuing injuries? Irrespective of which injury may cause more pain, injuries are valued according to seriousness, tendency to be persistent or permanent, and whether or not they need objective proof to be believed (e.g. a broken bone versus soft tissue strain). She has this in her favor with the broken bones. BUT in truth, if you came to me shortly after the accident, I would have her seen for soft tissue injuries as well. She cannot have suffered the trauma to break bones without hurting neck or back.
5. Type of medical care
Where does the medical care fall within the insurance industry's "hierarchy list" of valuing medical care? Orthopedists at the top, chiropractors near the bottom. She has a plus on this one.
6. Prognosis- future care—permanency of injury or pain and suffering—does her doctor recommend 6 months of care, or was she done treating 4 months ago? Even if she is done treating, will the doctor predict future problems?
Her doctor will not want to admit this Stacy, but anyone who does bone work has had his patients mention how the injury site aches when there is a big change in the barometric pressure. Google that and keep tabs on it for her doctor and do not forget to mention it in your demand letter.
7. Her medical and claims history, prior accidents, prior injuries or treatment of the same area of the body.
8. Impairment of quality of life. Emotional distress fits in here.
9. Quality and persistence of pain suffered.
10. Quality and thoroughness of her medical records.
11. Lost wages.
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#4. NARRATIVE REPORTS can help settle personal injury insurance claims.
For good insurance settlements www.SettlementCentral.Com teaches using narrative reports to fill out the adjuster's records.
First, make sure that any existing nagging pains at night are documented in your daughter's medical records. Then consider paying for a narrative report. SECOND, have you seen the records that were sent to the adjuster? Does the doctor discuss in a narrative format all that he told your daughter?
If not, then consider using a narrative letter from the doctor. We have a lot of free legal tips on insurance claims settlements using doctor narrative reports http://www.settlementcentral.com/page8003.htm You can get information there as to how to ask for a narrative letter and what it might cost. Talk to the doctor's office manager about it. This is also a good way to boost the value of the claim.
In her letter seeking a narrative report, make sure to tell the doctor that she is going to resolve her injury claim on the basis of the prognosis given. If there is the likelihood of further pain associated with her work or her lifestyle, then the doctor needs to address it, or else the claim will be settled on the basis of what he (the doctor) says. The reason for that caution IN WRITING is to make the doctor take another look at making a substantive prognosis when there is a good chance of your experiencing pain with continued work.
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#5. WITNESS STATEMENTS. Consider using witness statements to settle insurance claims.
It sounds like your submission to the adjuster might be perhaps a bit light on details if you have to get info from your daughter. Will you be able to give a lot of information as to how her pain and suffering impacted her life? And what about any kind of driving distress—and work problems—or interference with daily living?
Maybe you should think about using lay witness statements from family, friends, and co-workers? Some of these people do have relevant evidence to document what your daughter went through. List those things that she still cannot do. And be sure to include those things that she CAN do, but for which she will suffer that night or for the next few days. Witness Statements http://www.settlementcentral.com/page0196.htm Settle Personal Injury Insurance Claims.
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#6. Possible Policy Limits Claim? Be Aware of Giving Notice of Settlement to Your Own Insurer.
What if the tortfeasor has only minimal policy limits? You will want to know some of the procedures to make a settlement so that you do not ruin your daughter's chances with a claim versus her own Underinsured Motorist Coverage (UIM).
Directory of Legal Information on Liability Insurance Policy Limits Settlements in Personal Injury Insurance Injury Claims: http://www.settlementcentral.com/page0451.htm Car Accident Injuries, Dog Bites, & Slip and Fall Insurance Claims
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#7. Effective communication with insurance claims adjusters.
Here is the last topic, Stacy: Learn how to communicate with the insurance adjuster: FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
