QuestionThank you for your web site-Settlement Central and All Experts, Its been of great help to me so far.
After my accident 3 months ago I became a member of Settlement Central and I have devoured almost every page on the site.
There are only a few Questions I have.I hope you can answer them.
Let me start by saying It was not at fault and the other person was Driving a commercial 18 wheeler running a red light hitting my drivers side totaling the vehicle.
I am in Florida a no-fault state. The PIP covered the first 10k and the other ins is picking up the remaining hospital/medical bills.The hospital bill alone is about 13k plus my medical bills are almost 8k in chiropractic care 3x a week in the beginning not as much any more. The ins. co on there side gave me a very fair settlement for my truck 10k and property damage that I'm happy with.I also had stitches above my eye causing a scar.I have not yet received an estimate for plastic surgery if it can even be fixed or minimized.
When the time comes to send them a Narrative Report and a demand letter my bills are going to be in the ballpark of 25k-30k should I multiply that times the high of 8 or 10 to start because of the scar and the anticipation of a long recovery.
When should I send them a demand letter?
Do I have to deduct the 10k PIP paid? or-Is that all part of the starting number?
Also you mentioned that the personal property that was totaled( truck etc.) get added to the top number after everything has been multiplied.Does that happen even if they already paid me for it in the beginning of the claim?-or does it still get added?
I'm not sure if I should be asking for so much 250k-300k????????????
and get shot down or not taken seriously.However I don't want to ask to low either. The scar is permanent, the injuries are still painful, my truck was totaled,the truck driver was at fault,and I did I mention that my 8 year old son was injured in the accident as well. Thats a separate claim-I know,but it probably factors in to th multiplication number-or does it??
Please help I know there is alot here but anything can help.
Thank you,
DJD
AnswerDear DJD,
Thank you for becoming a member of my website and for your marvelous comments regarding the quality of the personal injury insurance information at www.SettlementCentral.Com.
As a member of www.SettlementCentral.Com, you can ask me any questions there for no additional charge. And you also have the right to demand that we prepare any information or format of letter if we do not have it on site for no additional charge. Thus, I am going to suggest that you go onsite and e-mail me with whatever questions remain after I discuss these issues. Make sure to identify yourself as a member when you send the e-mail so you will get priority treatment at my website.
I will just make short answers to your comments and questions here. I will number them in the order you presented them. Since www.allexperts.com does not have HTML capacity, I am going to have to MAKE MY answers all IN CAPS, OK?
1. “Driving a commercial 18 wheeler running a red light hitting my drivers side totaling the vehicle.”
THIS TELLS US THAT YOU WILL HAVE JURY EMPATHY INASMUCH AS THIS IS THEIR FEAR, AND IT IS HIGHLY SOCIALLY UNDESIRABLE BEHAVIOR. HENCE, A HIGHER MULTIPLIER IS MERITED TO FIGURE GENERAL DAMAGES
2. “I am in Florida a no-fault state”
BEFORE YOU CAN BRING AN ACTION VERSUS A TORTFEASOR IN YOUR STATE, YOU WILL HAVE TO MEET THE THRESHOLD FOR NO-FAULT. IN YOUR STATE IT IS A VERBAL (or Descriptive) THRESHOLD OF “PERMANENT INJURY” or “SIGNIFICANT AND PERMANENT SCARRING”. HERE IS YOUR STATUTE (for which you can thank your legislators who have been toasted and hosted by the insurance industry in your state in past years).
FLORIDA NO-FAULT LAW RESTRICTING RIGHT TO SUE FOR GENERAL DAMAGES
"627.737 Tort exemption; limitation on right to damages; punitive
damages.--
(2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle . . . or against any person or organization legally responsible . . . , a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, . . . ONLY IN THE EVENT THAT THE INJURY . . . consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function. (NOT APPLICABLE FROM WHAT YOU SAID)
(b) Permanent injury within a reasonable degree of medical
probability, other than scarring or disfigurement. (POSSIBLY APPLICABLE, DEPENDING UPON THE DESCRIPTION OF YOUR INJURIES)
(c) Significant and permanent scarring or disfigurement. (POSSIBLY APPLICABLE DEPENDING UPON THE SIGNIFICANCE AND PERMANENCE OF THE SCARRING)
SOLUTION: TALK TO YOUR DOCTORS ABOUT THESE ASPECTS OF YOUR INJURIES, SPECIFICALLY (a) and (b) ABOVE. CHIROPRACTIC CARE FOR SOFT TISSUE INJURY MAY NOT CUT IT, UNLESS YOUR DOCTOR MAKES A FIRM COMMITMENT TO PERMANENCY OF THE INJURY.
3. “should I multiply that times the high of 8 or 10 to start because of the scar and the anticipation of a long recovery?”
WHAT LONG RECOVERY? IS THERE SOMETHING SIGNIFICANT THAT YOU DID NOT DISCLOSE? ALSO, IS THE SCAR JUST FROM STITCHES? IF SO, THAT DOES NOT WARRANT MUCH IN THE WAY OF INCREASED MULTIPLIER. UNLESS THERE ARE SOME INJURIES YOU DID NOT DESCRIBE, YOUR PROPOSAL SOUNDS HIGH.
4. “When should I send them a demand letter?” SEE YOUR WWW.SETTLEMENTCENTRAL.COM MEMBERS’ SECTION DISCUSSION ON THIS. HINT: TAKE SOME INITIATIVE SO THEY DO NOT DEFINE THE SIZE OF THE BALLPARK YOU WILL PLAY IN AND GET YOUR DEMAND ON THE STREET BEFORE HE MAKES YOU A LOW-BALL OFFER.
5. “Do I have to deduct the 10k PIP paid? or-Is that all part of the starting number?”
INCLUDE ALL MEDICAL BILLS FOR PURPOSES OF FIGURING OUT THE ROUGH VALUE OF THE CLAIM. AFTER ALL, THEY DO TELL A STORY REGARDING THE SERIOUSNESS OF THE INJURY. ASK YOUR OWN COMPANY ABOUT SUBROGATION, IF ANY AT ALL IN YOUR STATE. IF ANYONE IS CLAIMING SUBROGATION ON THOSE PAYMENTS ABOVE THE PIP $10K, THEN YOU PUT THE BILLS IN YOUR AMOUNT DEMANDED.
6. “does personal property that was totaled( truck etc.) get added to the top number?”
NO. USUALLY PROPERTY CLAIMS ARE GOING TO BE HANDLED SEPARATELY, AND YOU WOULD NEVER INTERMIX THEM WITH PERSONAL INJURY CLAIMS. IF YOU CONTEND THAT I SAID WHAT YOU SUGGEST, THEN PLEASE POINT OUT WHERE THAT IS, AND WE WILL CORRECT IT.
7. “I'm not sure if I should be asking for so much 250k-300k—Get shot down or not taken seriously. However I don't want to ask to low either”
THIS IS ALWAYS THE PROBLEM INASMUCH AS VALUATION IS AN ART, NOT A SCIENCE. ASK WITHIN REASON. UNLESS THERE ARE SOME REAL SIGNIFICANT INJURIES YOU HAVE NOT MENTIONED, YOUR PROPOSAL IS QUITE HIGH. YOU WOULD HAVE TO SUFFER FROM SOME PERMANENT INJURY FOR THAT KIND OF AN AWARD.
8. “did I mention that my 8 year old son was injured in the accident as well. Thats a separate claim-I know”
RIGHT, MINOR CLAIMS FOR CHILDREN IS AN ENTIRE MODULE IN THE WWW.SETTLEMENTCENTRAL.COM MEMBERS’ SIDE. YOU WILL HAVE COMPLETE GUIDANCE THERE AS TO HOW TO PRESENT AND TO GET APPROVAL FOR A CLAIM FROM A MINOR.
9. “but ‘it’ (YOUR CHILD’S INJURY) probably factors in to the multiplication number-or does it??”
NO, NOT AT ALL, IF YOU ARE TALKING ABOUT YOUR INJURY. THE FACT THAT YOUR CHILD WAS INJURED DOES NOT IMPACT VALUATION OF YOUR CLAIM (other than to demonstrate that the impact was sufficiently severe to cause two injuries).
Best Wishes for a Successful Settlement!
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
