Questioni was in an automobile accident about a year ago! my car was a 95 Honda accord and was totaled. the accident has been deamed the other drivers fault. i have been left with a left wrist disability in which i have had several opinions and all of them say the same i have been through extensive physical therapy and pretty much have been told there was really nothing they can do this pain will last for the rest of my life and hurts and disables me everyday. MY QUESTION IS HAVE YOU SEEN ANYTHING LIKE THIS AND HOW MUCH MONEY SHOULD BE A REASONABLE AMOUNT TO SETTLE?
THANK YOU
AnswerDear Billy,
Please accept my sincere apologies for the delay in answering your question. I was not asleep at the switch: instead we had some e-mail problems between the server and allexperts this past week that caused SEVEN questions to drop out of the system so I did not even know these questions existed. It is cleaned up now, though.
Now, on to your question: I think you had a big crash, and I think your medical records DO NOT fully support the highest insurance settlement. Hence I am going to give you a lot of homework in order to get your claim ready for presentation to the insurance adjuster.
As for your question regarding your kind of injury, Yes, Billy, I have seen plenty of injuries that are very bothersome and serious, although no bones were broken. But the value of such claims varies widely so that one has no idea of where any particular claim will fall, especially with such little information.
Here is what I would do in order to get the best value for your claim. This will be a five step process.
#1. Take inventory of ALL soft tissue residual pains.
#2. Make sure your medical records contain ALL relevant information, including pains from #1 above and problems you have daily with your wrist;
#3. Get a narrative report from your doctor regarding your history and treatment and prognosis and future medical care’
#4. Learn about valuation factors in personal injury claims;
#5. Learn how to settle your own personal injury insurance claim AND DO IT!
Ready? Here we go on those ideas in order presented above.
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#1. Take inventory of ALL soft tissue residual pains.
With a crash that did enough damage to total a 1995 Honda Accord, there is a lot of physical crunching damage, and hence a lot of momentum, and therefore your body suffered a lot of trauma. It is likely you sustained some soft tissue injuries. Take stock of those and make sure that your medical records have accurate information about what you have suffered and your treatments.
I am a little worried that anyone with THAT MUCH PROPERTY DAMAGE inside the car likely sustained some pretty good trauma, and soft tissue injuries have a way of coming back to haunt you later when you start to get active in your first summer season since concluding your treatments.
I am also worried that the insurance adjuster will just offer a small sum "for your inconvenience and any aches and pains you might have." DON’T TAKE THEIR MONEY TOO SOON.
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
Here is another 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
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
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#2. Make sure your medical records contain ALL relevant information, including pains from #1 above and problems you have daily with your wrist;
IT IS NEVER TOO LATE TO CORRECT OR SUPPLEMENT YOUR MEDICAL RECORDS http://www.settlementcentral.com/page0218.htm but the sooner you do it the better.
Remember the insurance adjuster’s old saying: "No medicine: no money"; medical costs increase value of personal injury claims http://www.settlementcentral.com/page0045.htm
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#3. Get a narrative report from your doctor regarding your HISTORY and treatment and prognosis and FUTURE medical care.
CONSIDER USING A DOCTOR'S NARRATIVE REPORT to assist in settling your insurance claim.
It sounds like the adjuster may not appreciate the seriousness of your injury if you have no objective evidence of the seriousness of your wrist injury. Maybe the records he is going to get are not all that good. Have you seen any of the doctors' records that went to the insurance adjuster? If not, it is easy enough to get a copy so you can make sure that everything of importance you discussed is included therein IN READABLE FASHION.
Cryptic 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.
We recommend that 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 her records, or the adjuster may not give you credit for what you have been through. For example, if you just ask for a narrative letter now, you best go in for another appointment first and document for the doctor all of those 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
Another aspect of your prognosis MUST BE a discussion of what you can expect in the future. I will bet money that your doctor has not done this in a solid narrative fashion. But that is what is necessary for you to get full value. Hence, introduce yourself and your doctor to the topic of FUTURE MEDICAL PAYMENTS AND PAIN AND SUFFERING.
Payment for FUTURE MEDICAL COSTS requires a FIRM COMMITMENT from your doctor. It seems to me that you do not yet have the figures from ANY DOCTOR for any estimate for any future medical care.
A comment by one of your doctors to the effect that you "would likely still need to see him in the future on our own" just IS NOT SUFFICIENT TO GET THE JOB DONE.
I would look at the typed records of your doctors. Or it is OK if he has readable handwritten notes. You are looking for words, a narrative—not some scratched code of some kind. And you are looking for some kind of statement that shows he made A FIRM COMMITMENT therein to the need for further treatment.
Without that, there will be no award for further treatment. Damages cannot be awarded on the basis of speculation. Your doctor has to state that it is his opinion that you (or some member(s) of your family) are "MORE LIKELY THAN NOT" going to need additional care in the future. And it would be best do some analysis and discussion of your medical situation in order to sustain his opinion in the eyes of the insurance adjuster who will be writing the check in this case.
For example, in order to lay the foundation for his opinion, he will have to discuss both the findings of his concluding examination and the types of activities any particular part of your life that is impacted by the injuries and may thus require future medical care.
Orthopedists DO NOT WANT TO GET INVOLVED IN LAWSUITS. So don't expect your doctor to go to the mat for you and argue for future damages, but one way to put him on the spot and to face up to his duty to you is to ask him in a written letter (not email) to explain the future problems that he has seen with this kind of injury in the past. Thus, we use a request for a narrative letter.
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#4. Learn about valuation factors in personal injury claims; INSURANCE INJURY CLAIM VALUATION TIPS
What about valuation of your 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, 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 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.
So, I have a short answer and I promise to give you the full longer more detailed answer if you ask me later, when you are ready to settle.
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 if a person with your injuries is left to rely upon the records of a general practitioner to support his claim, it will never have the same value as if one’s records were from an orthopedic surgeon. Oh, yes, I am aware that general practitioners and chiropractor seem to be better for most soft tissue injuries than taking drugs prescribed by a surgeon, but the insurance industry does not know that.
Insurance companies give great weight to opinions of orthopedic surgeons
http://www.settlementcentral.com/page0052.htm
But maybe you also had some back or neck whiplash injury; those are best treated by chiropractic (if NO disc injury)
http://www.settlementcentral.com/page8010.htm
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 & comparative negligence
This is a big one because it most dramatically affects value: minus if you have any fault. You are OK on this one.
2. Trauma suffered
The value of your 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. You do well here, also.
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). Again, assuming that your medical expenses were reasonable and necessary, you are good on this one.
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). Assuming you have objective evidence of your wrist problem, then this is also a strong one for you.
But maybe you just have your word that the wrist hurts; in that case, this factor works against you.
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 4 months ago? Even if you are done treating, will the doctor predict future problems?
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.
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#5. Learn how to settle your own personal injury insurance claim AND DO IT!
DO IT YOURSELF INSURANCE CLAIM SETTLEMENTS
Learn how to submit and settle your own personal injury insurance claims—DO IT YOURSELF SETTLEMENTS. 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.
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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FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
FINAL TOPIC: 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
