QuestionOn March 13th 2006 I was rearended by this lady who was digging in her purse instead of noticing the red light... I have been off work every sence, I am being treated by my doctor and have had to have an mri on my neck, left sholder and right knee. I have nerve damage in my neck that causes me to have constant migraines, nerve damage in my sholder that causes pais from my sholder and going down my left arm, and soft tissue damage in my right knee, and now I am being told that I most likley wont be able to go back to my job as a diesel mechanic ever. The lady admited fault and her insurance company fixed my car but now are trying to offer me only $35000.00 for a settlement for the rest. Is this reasonable? I mean this accedent has severly affected my livlyhood, if I cant go back to work and I'm going to be in this pain forever how is 35000.00 enough? Am I wrong for expecting much more? Please help!
Answer
Dear Dondi,
You have asked me for tips on valuing your damages from an accident where you SUSTAINED SERIOUS DEBILITATING INJURIES. That happened ONLY three and a half months ago! I will pass along some information on valuation at the end of my answer, but first I want to let you access some information regarding settling personal injury insurance claims TOO SOON.
The reason I am making a big deal of your injuries is because whenever you have RADIATING PAIN combined with migraines, there is more than garden variety soft tissue damage at stake here. I am going to bet that you have sustained a lifetime injury.
Hey, I am no medical doctor, but after taking hundreds of cases over the years, I can recognize a serious injury from the symptoms you give here nearly four months post accident. These symptoms tell me that you will suffer debilitating pain if you try to return to your physically demanding job as a diesel mechanic. I am going to divide your answer up into six separate topics, as follows:
1. Do NOT settle your soft tissue personal injury claim too soon.
2. Consider another possibility for headaches
3. Consider a policy limits situation
4. Arm yourself to deal with the insurance claims adjuster: learn about personal injury insurance claims and insurance settlements.
5. Why not take a shot at making your own personal injury insurance settlement instead of hiring a personal injury attorney?
6. Valuation computation and factors that influence valuation.
1. DO NOT SETTLE YOUR NERVE DAMAGE PERSONAL INJURY CLAIM TOO SOON.
I am worried that if you were to go through even half of your summertime outdoor activities, you will SUFFER A LOT OF PAIN AND WORSEN YOUR CONDITION. Let's see you stand and move around at work for ONLY TWO hours anytime in the next six months and then tell me that I was right: you are going to be in constant pain at work.
And, of course, once you settle, that is it: no one will be there to pay for your future medical 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
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
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2. Consider another possibility for headaches
Did you hit your head on the side window or anything else? Or, was your head turned to the side at the time of impact? This is just a long shot, but I have had cervical nerve compression cases with bad headaches, and after almost six months they diagnosed the headaches as due primarily due to a temporalmandibular joint syndrome, or TMJ aka TMD.
Stranger things have happened, and it doesn't hurt to ask your doctor. In fact, if you want to do the test at home, e-mail me at my website and I can send you a simple way to test for TMJ at home. Make sure you mention that we met at allexperts so I will remember you.
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3. Consider a policy limits situation
What difference will it make to know the value of your claim if the tortfeasor only has policy limits of $50,000? From what you told me about radiating pain and loss of career, your claim will be worth much more than his policy limits.
You will demand the limits and probably will get them. Then you will bring your own claim versus your own Underinsured Motorist Coverage (UIM).
It would do well to brush up a bit on policy limits claims. Directory of Legal Information on Liability Insurance Policy Limits Settlements in Personal Injury Insurance Injury Claims http://www.settlementcentral.com/page0451.htm
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4. Arm yourself to deal with the insurance claims adjuster: learn about personal injury insurance claims and insurance settlements.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.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
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
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. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm
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5. Why not take a shot at making your own personal injury insurance settlement instead of hiring a personal injury attorney?
As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute, but the big damages issue might require an attorney if you have to go for vocational rehabilitation training.
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
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 from your own company, 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
Finally, I want you to be an effective communicator of your demand for settlement. Don't just call up the adjuster and start discussing your demands. Instead take the time to make your own demand letter—that is one step that will really pay dividends for you. I cannot tell whether or not you plan to send a formal demand letter. But it is best to think about that now if you did not.
Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm
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6. Valuation computation and factors that influence valuation.
SHORT ANSWER: A common theme among those who still think a formula will put you in the valuation ballpark is to multiply the medical specials times a number from TWO to FIVE (depending upon factors, some of which I will give you later—or all of which are listed in the members' side of my website, 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.
In YOUR particular case, that formula will not work. Radiating pain is bad, but there may not be a lot of medical bills to go with it. Plus, the loss of work to date, the potential loss of a job when you cannot do the work as you used to. Those could be large sums. Valuation depends upon factors like that, as well as some things most of us never think of.
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.
Next, the seriousness of the injury, and of course, whether or not the injury can be proven by objective evidence (your MRI, for example), or whether the only proof is subjective (your statements that you feel pain).
Three more factors in your favor are:
(A) the social disapproval of the tortfeasor's actions, which in this case runs high inasmuch as we do not like people fiddling with their purses while ENDANGERING everyone else SAFELY USING THE ROADWAYS.
(B) the favorable impression of the plaintiff, which in this case is good, partially because you present yourself well as a good hard worker who has learned to put up with pain instead of lying around and moaning.
(C) the fact that your injury is VERY PAINFUL and long lasting and NO ONE WANTS TO EVEN THINK ABOUT radiating pain from a comression.
Thus, your claim should be on the high end of things, but it is WAY TOO EARLY TO TELL. Let's see how a few months of work and physical activity impact your disc and then you can come back and ask me again. OK?
By the way, you will need witnesses as to your ability to do your work and your play activities without any problems in the recent 5 years. It is important to get these witnesses from home and work inasmuch as they can flesh out the claim and lend some credibility to your statements in the doctors' records.
Always communicate with the adjuster in writing, showing your own analysis of value. It is fine to call him or her, but have your 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 locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D.
http://www.SettlementCentral.Com
