QuestionI was stuck by a car as a pedestrian that resulted in some bruising and cuts. In addition, because I hit my head on the vehicle that hit me, I suffered from headaches for about a week after the accident. Although I was sore for about a week after the accident, I am feeling better. I missed one day of work. The driver's insurance company is offering to pay $850.00 for pain and suffering, time lost from work, etc. Is this a fair amount? Does this seem like a reasonable amount to pay for this type of accident and injury?
AnswerDear Lisa,
Pedestrian accidents would seem to merit more than regular car accidents for identical injuries just because of the terror of being hit by a vehicle. Jurors understand that and reward accordingly.
HOWEVER, almost all pedestrian accidents have some opportunity for the defense to cry out "negligence" on the part of the pedestrian. For example, if you claim that the car should have seen you, that means you could see the car, and "enforcing" your rights as a pedestrian, while technically legal, will not garner as much empathy as normal. Thus, it is important to assess your part in this accident, which of course I cannot do since you presented no facts regarding how it happened.
Even worse, I have no idea of what kind of treatment you had, or how long your treatment lasted, or what parts were injured, or when this happened, or how long the headaches continued, etc. Thus, one would not even want to venture a guess as to value. BUT, even then you will see below some ideas of how to counter at $2,500.
But let me caution you on one thing: DO NOT SETTLE YOUR INJURY CLAIM TOO SOON.
Let's say that this happened with enough force to cause soft tissue injuries to go along with a minor head injury. I conclude that because if it was hard enough to make you strike your head, and to cause bruising and cuts, then it was hard enough to cause soft tissue injuries.
What I would recommend is to WRITE TO THE ADJUSTER: DO NOT CALL HER. Assuming you do have occasional pain at night or in the morning, then tell her that you are still having some intermittent pain and occasional headache and thus you want to see how your body reacts to the upcoming outdoor season when you will expose it to much more physical activity than you now are having.
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. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Let's just finish up this topic of early settlements so you get the full picture of the advantage to them and the risks to you. Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued medical/therapeutic care over the months. Therefore, the insurance adjuster will try to settle before your claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three months of treatment.
If you do have soft tissue injuries that have not shown themselves yet with painful reaction to physical activity, then what would you do once you start to have pains at night this summer following an afternoon of yard work? Often the full extent of most injuries is not known immediately after finishing one early round of treatment, because the injured person has to undergo some of the wear and tear of everyday life, including the pounding her body will receive from a day's work. Even jobs that appear not to be physically demanding can be hard on an injured body.
For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your body will respond until you have experienced sufficient physical exposure to load-test the scar tissue as you heal.
Plus, who will pay for your medical care incurred AFTER you settle? What if you were to settle now and three weeks later when you mow the grass and the pain starts to become too much, you go to a chiropractor only to discover that you can expect a course of treatment that will cost a lot of money? After you settle your claim, all further treatment is your responsibility. 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. Check with your PIP adjuster to find out whether they will pay anything once you close the claim against the tortfeasor.
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
And, of course, once you settle, THAT IS IT: no one will be there to pay for your future medical or chiropractic care; nor will you ever 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
There may be a dull ache at night following 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 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 CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
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As for value, even if you were completely healed, and you wait for another month and do some physical activity with no problems afterward, $850 seems on the light side. You could counter in writing for $2,500 pain and suffering by mentioning the terror of being hit and your existing fears, together with legitimate continuing small pains.
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
