Questionthis past FEB I was 6 months pregnant and my 2 young sons w me...we were at a busy intersection stopped, when we were slammed into from behind HARD! to keep this as ashort as possible...she admitted fault right away and I called 911 as my neck hurt instantly and I was scared to death about my baby...my 2 sons were ok but crying awful...ambulance cut my seat belt off, lifted me onto board and transported me w sons to ER..I remained strapped to board w neck brace for 3 hrs...got xrays..then 5 hrs in labor and delivery to make sure baby fine....THANK the LORD she was ok!! but it was so scary....immeditaly followed up w CHIRO...left clavicle injury (prob from seat belt) lower back sprain and neck sprain (whiplash)....received chiro treatment for 5 months (2-3 times a week)..they could not do a whole lot as I was pregnant so the pain was constant and awful...could not drive as my neck was so sore...a lot of nights ordered food..missed my sons games, worried about baby, etc for 5 months. they provided me w rental car while they fixed my 2001 chrysler van (new hatch, etc) bill was 3800.
I was released from chiro in AUG (had baby in JUNE) and bless the lord she is fine and healthy!!
for the first few weeks could barely hold her as it hurt to look down, it was an sad time for me. but 2 weeks after her birth I got some serious hard core treatment from chiro and it healed pretty quickly thank goodness...now I am ready to settle for myself.....for the kids we settled 3 months ago for 1000 per child for their trama the experienced.(preogressive offered to me)...my medical bills have all been paid by Progressive....ER bill was 1800 AMBULANCE 500 CHIRP 1300 L&D DR 500....today adjuster offered me 1400 to start and I felt insulted...so she went up to 2000 and then 2800, and I said "nowhere close" very politely. told her I needed to talk w hubby and will get back w her....I do not want to try and "get rich" but I feel like I went thru some bad times w this and constant neck pain..even tho I realize this is "soft tissue" I could not take any pills or get fierce treatment since being pregnant, it affected my life in so many ways.....I think 10,000 give or take seems fair...but is this a long shot>?? I would rather not deal w attorney...any advice I would love so much..I am in OHIO ty
AnswerHi Marsha,
Being the father of 4 children and the Grandfather of 6, I can only imagine the hourly and daily fear you experienced for four months about your unborn child. It must have been awful.
The state of Ohio has a 2 year Statue of Limitations on settling an injury claim or filing suit. This means you must have the check in hand and release forms signed one day before the 2 year period.
You need to present a written demand to the adverse company
In the amount of $10,350 for pain and suffering.
This is 3 times your medical expenses for ER, Ambulance, L&D Doctor, but only 3 times 50% of the Chiropractor charges. The entire insurance industry is extremely anti-Chiropractor. Practically every health insurance company has a low annual amount they will pay for Chiropractor services and even Medicare sets a $1,500 annual limit for Chiropractor expenses. The adverse insurance company will only consider 50%-60% of the Chiropractor bill toward settlement of an injury claim.
You will not be able to settle for the full amount of your demand, but will have to negotiate a compromise.
Your claim has a minimum settlement value of between $8,625 and $9,487. This negotiation period may cover several months, with the claims adjustor slowly increasing her offer and you slowly decreasing your demand.
The claims adjustor is fully aware that if you secure an Attorney, his demand will be no less than $25,000 and she wants to settle your case without the extra expenses involved if you secure an attorney.
If you can't get her offer up to at least $8,600 over the next few months, then you should make an appointment with the very best Personal Injury Attorney in your area for a consultation. This first consultation is free in practically every state.
After this consultation, you will have a better idea of the value of your claim by using the Attorney (it is customary that they work on a contingency basis, charging their expenses off the top of the settlement and then retaining 33% of the balance as their fee).
Before actually entering a contract With the Attorney, tell the adjustor that unless she brings her offer up $8,600 that she is leaving you no choice except to retain an Attorney and allow her some time to consider. Within a week, I expect that she will increase her offer to the satisfactory amount.
I trust my answer has been helpful, please write again if I can be of more assistance.
Your feedback for my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-30-07 12:56 AM PST
