QuestionQUESTION: I'm having trouble deciding on a reasonable settlement for my auto accident.
I was rear ended while waiting to turn right onto Racine from College. I was wearing my seatbelt and at a complete stop waiting for traffic to clear when I was hit.
That occurred in the beginning of March, and I started physical therapy in April after back and neck pain due to the accident did not subside. I had a total of 8 physical therapy visits, and two phone calls. I had 3 doctor visits, a series of x-rays, and was put on medication for a few weeks. My back is still causing me slight discomfort, but physical therapy techniques help that and I have been cleared to discontinue physical therapy.
I'm now trying to figure out what a reasonable settlement would be. My mother seems to think that I won't get much, $1,000 at most, due to her getting a small settlement on an accident she had 10+ years ago. I feel that with almost $8,000 in medical and property damage, almost six months of back discomfort, and a future career where I will be standing for 8 hours a day, my settlement may be worth a lot more than she seems to think.
What is the best way to go about getting a reasonable settlement demand ready?
ANSWER: Hi Chris,
I am going to give you a lot of reading material: free legal insurance claim information from www.SettlementCentral.Com online help for personal injury settlements. You can learn how the claims process works and you can become educated about how claims are valued for settlement purposes. As you will see, there is no real good answer to valuation over the Internet since the value depends upon the eleven factors I am going to give to you. One of those is personal evaluation of the plaintiff to see how well he and his witnesses will sell to a jury.
So put on your reading glasses, Chris—here we go.
First, let's learn how to handle a SELF-HELP INSURANCE SETTLEMENT—this is just in case you want to take a shot at doing some of this on your own. OK, Chris, let’s look at self-help methods of resolving your claim. Learn how to settle your personal injury insurance claim AND DO IT YOURSELF.
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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Learn about valuation topics. SOME TIPS ON VALUATION—these are loose guidelines only, since we are prohibited from giving valuation on big cases in light of the exposure to a malpractice claim.
How does one figure out what to ask for? Quick Answer: get as much as you can. Figure out what would make you happy, Chris, and increase that amount by at least 50%! The value is what you and the adjuster agree it will be. Well, if that is not scientific enough for you, let’s learn a bit more about valuation of personal injury claims.
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 he 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 two factors that put the lie to the general use of this rule of thumb. An obvious one is that of the knee pain issue that you mentioned. There may have been just low treatment costs per se, yet those dollars should be valued at more than office bodily treatment dollars since they would be for a significant interference with your life and well-being inasmuch as the knee pain will continue.
A second, 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. You should NOT ACCEPT any reduction in value for fault.
2. Trauma suffered
The value of your claim increases with a bigger crash, and decreases with a low damage tripping wherein one catches himself. Why? Just human nature.
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). The problem with back pain is that it is subjective. There is no objective test that will show your pain.
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.
6. Prognosis- future care—permanency of injury or pain and suffering—does your doctor recommend 6 months of care, or were you done treating 2 months ago? Even if you are done treating, will the doctor predict future problems?
7. Your 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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Learn how to communicate with the insurance adjuster: FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
FINAL TOPIC, Chris: Effective communication with insurance claims adjusters. 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
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QUESTION: I just had another question about what I can request damages on.
I've been a 4.0 student for three semesters and am entering the last year in my program at school. I am studying to be a surgical technologist and the job requires a lot of physcial bending, moving, and lifting/push/pulling of items up to 50 lbs.
My concern is that upon my return to school, working in clinical conditions for several days a week may cause my back to act up again, and impact my grades. Can I ask for money to cover potential damage to my grades? And impacted by a possible decrease in grades, can I ask for compensation for potential impact on my ability to be hired once I graduate? Or impact on my ability to perform job duties that will come with the job I have been studying for?
I put several years and some good money into obtaining the education I have, and have worked hard to keep my grades up, especially in my last few semesters. I don't want to throw it all away, and I don't have money to keep going to school if my back stops me from succeeding.
AnswerHello again, Chris,
Thank you for the generous feedback you left for me. I really appreciate that. Congratulations on your fine accomplishments and goals. Let's hope that your injuries do not hold you back. If they do, you can be compensated for that, but NOT if you settle first.
The questions you ask are excellent and you are still in a good position to protect your future. The answers to your questions are ALL in the negative—UNLESS AND UNTIL your doctor makes a prognosis calling for future problems if your body is subjected to that kind of physical strain.
Once a settlement is made, you are done. There is never a chance to go back and reopen things, absent some very unusual circumstances. So you can add those concerns to your demand letter, and the adjuster will surely read them----and then she will add exactly ZERO to your award. Your opinion of your future medical problems is worthless.
The idea being that your testimony, if in court, would be inadmissible for two reasons. First, it is speculative, and second, it has no basis in medical opinion. Only a doctor can provide the necessary proof of damages.
So, here is where you need to DOCUMENT in writing AND in photos the burdens you may encounter. I would take the present dull aches you still get after a full day and start documenting them and then pretty soon get back to your doctor and ask him when these are going to go away permanently.
Mention your physical activities and that at night or the next day after exerting yourself this summer you have felt pain. Tell him you are worried about the same things you told me about and that you will get him some documentation of the kinds of stress you will put on your body.
Ask him to make you a narrative letter. Narrative reports can settle personal injury claims.
Here is another idea, Chris, to make your medical record into an asset for settlement. Get a narrative report from your doctors regarding your HISTORY and treatment and prognosis and FUTURE medical care.
Cryptic medical notes may be medically significant, but why make the insurance adjuster struggle to figure out the significance of the injuries? A narrative report or letter spells things out so the adjuster can see, read, and understand the doctor's diagnosis and prognosis and her record of the problems and pain and suffering you have endured.
Plus, narrative letters can tie together the trauma and its after-effects in a way that is authoritative.
Www.SettlementCentral.Com recommends that insurance claimants almost always include some type of typewritten medical information to accompany to computer coded medical records and/or handwritten records. That is the first clue as to when to use the narrative report: if you are asking the adjuster to evaluate your claim on the basis of handwritten records and/or computer coded records that indicate diagnosis and treatment codes, then you need to supplement the record with a narrative report.
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.
Make darn sure your doctor does have updated full information in his records, or the adjuster may not give you credit for what you have been through in this summer. For example, if you just ask for a narrative letter now, three months after your last appointment, then you best go in for another appointment first and document for the doctor examples of pain. While I have no idea of your current condition, it is not unreasonable that you would still have a lot of residual pains. Maybe such things as nagging signs of soft tissue injuries you are noticing following a full day of sitting at your computer or doing physical activities. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm
The main thing to do is to get the doctor to address the future problems. If he does so, then you will be able to receive compensation for them. If he does not want to do that, then all you do is wait until later to settle the claim. Be sure to know your state's statute of limitations http://www.settlementcentral.com/page0452.htm
You could make up a demand letter now, without putting in any amount, and tell in detail with documentation and photos what your body faces in work stress. Then explain that you are going to wait six to nine months to see how you do before you settle.
That does a favor for the adjuster since it gives her some good info for her file and a good reason why she cannot close the claim right now. She will appreciate knowing why you are waiting and she will appreciate getting your medical records and bills and your discussion of how the accident has impacted your life to date.
I think either of the two choices I gave to you will work just fine, Chris.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
