QuestionI was involved in an accident in Oregon while riding my motorcycle to work. A driver in a van turned left in front of me and I struck the passenger side of the van. I was taken by ambulance to a trauma center where I was diagnosed with two fractured vertabrae, a 7cm cut to my chin, three broken teeth, a sprained knee and heavy bruising to my chest, shoulders and both thighs. I was released from the trauma center the following evening. The other driver was cited for making a dangerous left turn.
I went to my HMO a few days later for followup treatment. My teeth were fixed and I was cleared to return to work about a week later (luckily my job is not very physical, I work in a cubicle). I have had 1 physical therapy session and will probably need to go to a few more. Mostly to learn stretches and exercises to help manage the pain in my back, chest and knee.
The medical bill for the trauma center is about $17,000. I dont know what the total is at my HMO at this time.
I sent a letter to the other persons insurance company with receipts for the towing and for the gear I was wearing that was damaged in the accident and they sent me a check for that. They also sent me a RELEASE OF ALL CLAIMS FOR PROPERTY DAMAGE ONLY form for me to sign, after which they will give me a check for the value of my motorcycle so they seem to have accepted liability for the accident.
I'm pretty clueless about all things legal. Is this rest of this claim (medical bills, lost wages, pain and suffering) something that I can probably handle myself or should I consult an attorney?
Thanks in advance for any advise.
-Mike
AnswerDear Mike,
Dr. Settlement is back in the saddle! It is GOOD to be back into my own house. We lost our power here in WA for two days—one million houses without power. But we were able to return home tonight, so I am just now getting to open my e-mail.
I am going to address three topics: 1) The release you are asked to sign; 2) Do not settle your injury claim too soon; 3) How to “do it yourself” personal injury claims www.SettlementCentral.Com; 4) Advantages of getting an attorney.
1. The property damage release.
This is standard, and you can sign and return it so long as it is limited to property damage only, which seems to be the title. What we want to avoid it signing a general release or a release of ALL claims inasmuch as that would preclude you from making a claim for personal injuries.
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2. DO NOT SETTLE YOUR SOFT TISSUE PERSONAL INJURY CLAIM TOO SOON.
The reason I am making a big deal of your injuries is because your impact was significant, which implies more lasting injuries, and because any injury to your back such as you suffered will not “go away” any time soon. This is SERIOUS BUSINESS, MIKE.
Aside from your cracked vertebrae, you will also have some "Deep" soft tissue injury that can be lit up months after ending treatment. Wait until you have gone through some active seasons with all if their physical activities.
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 But this is NOT AN INDICATED treatment for the cracked vertebrae.
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
IF THIS PERSISTS, THEN ASK FOR REFERRAL TO A NEUROLOGIST OR TO A PAIN CLINIC. AND DO NOT ALLOW YOURSELF TO GET INVOLVED WITH SETTLEMENT DISCUSSIONS UNTIL YOU ARE HEALED.
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DO IT YOURSELF INSURANCE CLAIM SETTLEMENTS
If you want to see if you could do this yourself, then first 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
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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Do you need an attorney? If liability is not a problem, maybe you can make a demand letter and smoke them out if the tortfeasor has low policy limits. What if he has only $25K or $50K in limits? You could get those yourself without an attorney, whereas an attorney would take one-third to “get” them for you.
Insurance policy limits http://www.settlementcentral.com/page0451.htm
Be sure you know how to settle the tortfeasor’s policy limits claim and still preserve your rights to go after your own UIM claim.
If this is too much for you or your case becomes too complex, you may wish to consult an attorney. YOU HAVE SUSTAINED SUCH SERIOUS INJURIES that you may lose a lot of money if the limits on the other side are high. The reason is that once you start to talk about broken vertebrae, then you are talking lifelong injuries. Thus, if you are not in an easy policy limits situation, you may need to consult an attorney to get the best result for your claim.
As I showed you earlier, you can always get an offer and take it into an attorney’s office and thus negotiate a discount on your attorney’s fees. But there are many steps along the way where an attorney could help to increase the value of the claim that you might miss.
We do have an excellent attorney from Oregon who is approved for visitors at www.SettlementCentral.Com. His name is Todd Peterson, and you can find his website link under SCC Personal Injury Attorney Network http://www.settlementcentral.com/links.php
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FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
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
