QuestionWe were involved in (our being at no fault) accident were a man came into the wrong lane against traffic on a highway speed limit 45 mph both ways. Our car was deemed totaled. There were six of us in the car, my husband and my daughter (nine) weren't physically injured but my daughter gets very nervous in the car now always watching the road. Their insurance is offering nothing for them. My son (seven) recived a cut seatbelt burn to his face didn't go to hospital, they offered him $300. My daughter (two) nose bleed, she went to hospital for exam. I was passenger where the car hit us, I had a contusion to my leg which has left a scar, I have severe neck arm and radiating pain down my back pain, It is getting worse since they haven't agreed to pay for physical thereapy my Dr. ordered. What are fair settlement amounts? Thanks Sue
AnswerHi Susan,
Let’s hope that everyone gets fully healed up following this accident. I include in that hope a resolution of the fears of your child regarding riding in a car.
As for valuation, one cannot even guess, given the lack of information. It is difficult to judge the trauma suffered since some had no injury at all, and others did have injury. I also wonder how long ago this accident occurred since I would expect a lot more injury from an impact at that speed that resulted in such big damage to your car. Hence, I would want to wait three months just to be sure that nothing is going to appear later.
First off, I would make sure that your daughter has an evaluation with a psychologist for her fears. That should easily be a covered expense under your own PIP/MedPay if your general practitioner makes the referral. I disagree with the adjuster that emotional distress has no value. It may not be a big case, but if you see a doctor about it, then the company does have to make an award for the negligent infliction of emotional distress. The problem is that any evidence of emotional distress is inadmissible unless a doctor has been consulted about it. Thus the adjuster is not going to give a cent until a doctor examines your daughter. So my recommendation is going to yield an award for her, but the PRIMARY concern it to get her healed. Emotional distress is nothing to be trifled with, as appears from the lack of care to date.
Next, regarding the other two children, both the seat belt burn and the nose trauma were caused by sufficient impact that would also translate to a soft tissue injury for anyone my age. But I guess kids are made of rubber. I would just wait for three months to make sure that those two kids do not have follow-on aches and pains. If they do, WITHOUT FAIL REPORT IT TO THE DOCTOR.
Same for your injuries: do NOT settle too soon. DO NOT BE TRICKED INTO SETTLING TOO EARLY. What if you settle now, but in three months you are having pains again? I know from handling injury cases that there is a REAL RISK of suffering from those injuries for years after the accident. What is the hurry? It will be the insurance company that is going to try to hurry.
DO NOT SETTLE YOUR CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT YOUR SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Plus, who will pay for your medical care incurred AFTER you settle? Except in specific, unusual situations, you cannot go back and re-open a settlement: when you cash the check, you agree to close your claim in all aspects.
Here is a 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: you 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
I know that you think this is going on too far with this one topic, but I HAVE TO TELL YOU that this is a REAL danger that I have seen many times. So just have patience a bit longer and commit yourself to the following (and this goes FOR THE KIDS ALSO, as they are the ones who are more likely to gloss over aches and pains that should be attended to):
There may be a dull ache at night following a day at work or some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious fractures and soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do 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
Figuring valuation for the kids might have to go through a court, unless their claims are just of minimal value. http://www.settlementcentral.com/format.php?Page=8017
Minimal value claims, as these three might be if there are no additional injuries, can be settled without court approval upon the guarantee of the parent that the child will not reopen the claim in the future.
Here is some general information on valuation of claims. My guess is that your kids will settle their claims and your claim will continue on for almost a year. Just a hunch based upon the impact and your initial injury report.
SHORT ANSWER: A common theme among those who still think a 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 listed in the members' side of my website, 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.
LONGER ANSWER:
Here are some of those factors (as set forth in MORE DETAIL IN the members' section of http://www.SettlementCentral.Com - Dr. Settlement's website):
There are changes in the formula approach, DEPENDING UPON SERIOUSNESS OF INJURIES.
The typical formula approach mentioned to determine the value of general damages, i.e. pain and suffering, permanent disability and emotional damages, is to multiply the amount of the MEDICAL specials by a factor between 0.5 and 3 if the injuries are relatively minor or continue less than one year, or by a factor of 4, 5, or more when the injuries are very painful, serious, long-lasting or permanent. You have mentioned the lost income component, so it is added on at the end. That is, you get the total here, and add on transportation expenses (48.5 cents per mile) and lost wages.
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 & comparative negligence
This is a big one because it most dramatically affects value: minus if you have any fault. This is a positive for your family.
2. Trauma suffered
The value of the claim increases with a bigger crash, and decreases with a low damage fender bender. Why? Just human nature.
Therefore, the total value of the property damage (e.g. cost to repair or replace a motor vehicle) becomes significant. Here again, this is a plus for your family inasmuch as you were in a BIG CRASH
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).
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—or were you or the kids done treating 4 months ago?
Your claim value gets a boost if your doctor specifies that you will need some future medical care.
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.
9. Quality and persistence of pain suffered.
10. Quality and thoroughness of your medical records.
11. Lost wages.
Just remember these tips above, do your homework, print out your evidence, write narratives on all kids, and negotiate in writing. That way she is going to see that you are well organized and she will be more likely to take your cases seriously. Just be patient and show resolve to get your fair settlements, and you and your children 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
