QuestionQUESTION: I was hit by a pick up in July of 2011, when a man backed into me in a parking lot. I went to physical therapy, the chiropractor, and finally I am seeing a specialist. I have been diagnosed with sacroiliac joint dysfunction of both sides and lumbalgia. I have to get injections in my back, and restart physical therapy that is specific to my injury. I also may be required to wear a back brace for 23 hours a day (taking it off only to shower). What would be a fair settlement?
ANSWER: Hello Ashley,
I can't possibly answer that question. Here's why.
First, I don't have access to your medical records. Second, I have no idea what your earnings are now, in the past, or what potential earnings you might have for the future. Also, I do not know your age or if you have dependents. I have no idea what the liability insurance limits are or if you have Underinsured Motorist (UM) coverage if the liability limits are lower than the value of your loss.
Here's the point.
Obviously you have suffered serious permanent injury. All of the factors listed above - and more - need to be considered before anyone can possibly arrive at a fair settlement. In my opinion, you have only one prudent choice - retain a qualified, reputable personal injury attorney who can professionally assess your loss and who can demand that you receive a fair settlement. That attorney should also be involved in any potential UM claim if you have the coverage.
I strongly urge you to seek the professional assistance you need. Do not try to do this yourself.
I wish you well.
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
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QUESTION: I am 26 years old and have 2 dependents. I believe that I do have UM, but I am dealing with the drivers insurance not mine (I was the pedestrian). I guess more specifically I am trying to figure out what a good pain and suffering settlement would be. Thank you for your insight.
Answer Hello again Ashley,
Your age and dependents will be vital to the establishment of your settlement. Yes, of course you are dealing with the driver's liability insurance. But your UM kicks in if that driver's liability coverage is insufficient to cover your losses. The only other consideration is that you cannot be at fault. Obviously you're not, so you would qualify for UM in that regard.
Good luck.
Jane
