QuestionI had an accident in November, I was rear ended. I was on my way to school, for a midterm. Immideately my neck and back were in pain, and I told my insurance company. I went to the chiropractor for about a month and a half, and the total cost of that was 1,700.00. I have done everything on my own, and no am to the point of settling, how do I do this. DO I take in account the distress caused in my college education, including my GPA. WHat is the rule of thumb for personal injury? Please help me.
hard hit college student
Answer
Dear Cynthia,
Yours appears to be a simple question, but there are complexities that need to be discussed. I am going to give some extra time to laying out what I think you should consider in settling your claim.
First will be to make sure you do not have more pain now that spring has brought about an increase in physical activities. Next will be a discussion of valuation computation, including a listing of factors that influence valuation, up or down. Finally, I will leave you with some tips on how to present your claim.
Please note that we cannot give actual valuations for three reasons: 1) some state bar associations think that would be the practice of law; 2) in some larger cases, if we guessed wrong we could expose this site to a lawsuit; and 3) valuation always requires a lot more information than we get in an e-mail.
1. ANY SIGNS OF NAGGAGING PAIN OR PAIN AFTER PHYSICAL EXERTION?
BE ALERT FOR SIGNS OF RESURFACING PERSONAL INJURY
I know that you introduced this as not being an "active injury" personal injury claim in that you seem to have finished with treatment, but if you had a good-size hit in the collision, there is a probability that your body did suffer trauma sufficient to cause soft tissue injuries. These types of injuries can sometimes start out as nothing, but within a week or so one might start to notice aches and pains. OR THEY MAY APPEAR TO "HEAL", ONLY TO RESURFACE ONCE YOUR SPRING PHYSICAL ACTIVITIES RESUME. So, pay attention, as this is the first sign of delayed onset of soft tissue injury pain.
So you should be on the lookout for signs of injury that may manifest in the coming weeks. Even if you do not see a doctor until months following the end of your first treatment, DO NOT EVER SHY AWAY FROM RETURNING TO YOUR DOCTOR AND ATTRIBUTING YOUR PAIN TO THE ACCIDENT inasmuch as often soft tissue pain will worsen in time. What was an occasional ache may turn into a frequent pain and then you will have to see the doctor, whether medical doctor or chiropractor.
Here is a page from my website that tells you it IS NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT:
http://www.settlementcentral.com/page0104.htm
Managing Your Medical Care after an Auto Accident:
http://www.settlementcentral.com/page0203.htm
2. VALUATION COMPUTATION AND FACTORS THAT INFLUENCE VALUATION
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. The "rule of thumb" is just that: a gross estimate.
So, I have a short answer and a longer more detailed answer for you.
SHORT ANSWER: A common theme among those who still think a formula will put you in the ballpark is to multiply the medical specials times a number from TWO to FIVE, and that 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.
LONGER ANSWER:
Here are some of those factors (as set forth in MORE DETAIL IN the members' section of www.SettementCentral.Com, Dr. Settlement's website):
There are changes in the formula approach, DEPENDING UPON SERIOUSNESS OF INJURIES.
The typical formula approach in determining the value of general damages, i.e. pain and suffering, permanent disability and emotional damages, is to multiply the amount of the MEDICAL specials by a factor between 1.5 and 3 if the injuries are relatively minor or continue less than one year, or by a factor of 4, 5, or more when the injuries are very painful, serious, long-lasting or permanent. You have no the lost income component, but if so, add it on too.
SCHOOL PERFORMANCE AND EMOTIONAL DISTRESS
You had no lost income, but asked about the impact on your school performance. First you mentioned your GPA as having been impacted. Second you mentioned that this caused you some distress.
Yes, with proper documentation these factors can be considered, but that documentation requires a good track record to start with and proof that the injuries somehow interfered with your attendance or your ability to study.
In more serious cases, these factors could be demonstrated easily. For example, if one were laid up or in the hospital, etc. In your case I wonder if there is any proof like that. It would be hard to show that an injury that was healed after only 6 weeks of treatment was also serious enough to interfere with schooling.
Same result as to the emotional distress, except for different reasons: negligently inflicted emotional distress has to be proven by testimony of a doctor. I do not think you saw a doctor about your emotional distress.
I will address this issue below.
3. BACK TO COMPUTATON IDEAS
Once the computations called for above are completed, add another 50% of the total to determine the starting amount for beginning negotiations on the total value of the compensation due you on your claim.
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.
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.
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).
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).
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—or were you done treating 4 months ago?
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.
4. TIPS ON PRESENTATION OF YOUR CLAIM
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
Click on "Documentation", and thence on "Witnesses" for more information.
Also see the free module at Do-It-Yourself Personal Injury Claims
http://www.settlementcentral.com/page3011.htm
Presentation of school problems and emotional distress. Unless you do have the evidence referenced above, I would not assign any specific value to this item, or; if you do decide to put it forward in your letter, I would assign a low value to it. This is because it is most easily attacked by the adjuster, and if you were to assign a high value to it, there is a good chance that the adjuster would be able to dismiss a large chunk of your demand as unprovable.
That does not mean you should not mention it. The fact you did have such problems indicates the seriousness of your injuries and goes to the general damages award portion dealing with interference with normal life activities.
Finally, write A DEMAND LETTER—DO NOT PRESENT THIS CLAIM OVER THE PHONE. A mere phone request will not be given as much weight as a letter in which you present the arguments I have given you above.
I trust that my extra time here has produced some information that has been of value to you, and thus I respectfully request that you locate the feedback form on this site and leave me some feedback.
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
