QuestionQUESTION: Hello,
Last July, I was in a car accident in Ohio which was entirely the fault of the other driver. My property damages were paid, and now I would like to settle the medical expenses and pain/suffering. I am hoping for a suggestion of an appropriate demand amount. I’m not sure which details below are relevant, but I’ll include them just in case it makes a difference.
The accident occurred when his car pulled into oncoming traffic from a side street, striking my car with a great impact. He stated that this happened due to a brake malfunction. The police report finds him 100% at fault. My car was totaled and my right pinky finger was broken (I am right-handed).
For about 3-4 weeks after the accident, each time I drove, I would have at least one episode of extreme anxiety. I still have mild anxiety attacks once every 2 weeks or so.
I was planning on driving to join my family for a vacation a few days later, but of course I had to cancel after the accident.
The fracture required surgery to insert screws into the bone, and I wore a cast over my hand and wrist for about 4 weeks total. Since I am right-handed, my everyday activities were extremely limited.
Since I don’t have health insurance, I wanted to make sure the other insurance company accepted fault and would pay for the surgery, but it is a small company and I had trouble reaching someone that could give me answers, so I had to reschedule the surgery for a week later than originally planned.
Right before the accident, my job assignment had ended, so I was officially out of work. On the day of my surgery, I received a job offer, but I was forced to turn it down since I was unable to begin work when they needed me.
Initially after the surgery, I was completely unable to move my finger. I did exercises 3x/day, at home and at physical therapy, in which I was instructed by the doctor to reach “the point of pain and beyond”—and he was right, the pain was excruciating. After about 8-9 weeks of therapy, my mobility had improved greatly, and I was almost back to my previous ability. But even now, 3 months later, I still can’t straighten or bend my finger completely. I have problems with stiffness and minor pain. My fingers do not look symmetrical anymore—the lower half of my pinky is fatter, the finger is slightly crooked, and there is scarring.
The medical expenses totaled about $24,000. Roughly $275 for Urgent Care and medication; $21,000 for surgery, x-rays and doctor visits (I’m having trouble deciphering the medical bills but I think the surgery itself cost about $17k. The remaining costs included about 3 x-rays per visit, splinting, and general office visit costs); and $2,600 for physical therapy.
I was released from all medical care in November 2010. I am mostly recovered, but my finger is not completely back to normal, and I’m not sure if it will be. My doctor and physical therapist were optimistic for my finger’s recovery, although my physical therapist did say that my finger may not recover 100%. I can complete daily activities, but a few things such as writing and typing and opening jars are minimally hindered (for example, my finger cramps up after writing for long periods, which I do often). It’s not bad enough to receive more medical care for, though.
What would be a reasonable, appropriate demand amount to initially ask for, and what is a good amount to ultimately settle for? If possible, I’d like to settle this myself without getting a lawyer involved.
Any advice would be greatly appreciated.
Thanks for reading!
ANSWER: The following is my opinion based on my experience. I am not an attorney and cannot provide legal advice.
This type of thing is very subjective and different people will have different opinions. The insurer will try to estimate what a jury would award. They also conider their legal fees if they go to court.
I would estimate the value between $45,000 and $60,000. I would accept anything in that range. Start around $60,000 and see what happens, then go back and forth as needed to reach an agreement.
I made a couple assumptions (1) that the property damage indicates a heavy impact and (2) that you had a clerical job, missed about 8 weeks work, and earn about $2000 per month. If either of those is way off, I'd need to make an adjustment.
---------- FOLLOW-UP ----------
QUESTION: Thanks for the response. That does help me a lot. You were correct about the impact--it was very strong. The work situation is complicated:
I had a temporary job that ended a few days before the accident, so I was officially unemployed when the accident happened.
I wore a splint over my right hand for three weeks. Then I had surgery, and on that day, I was offered a job through a temp agency to work in an office I'd worked in before. It involved mainly filing, but required squeezing into tight, crowded spots and would have been extremely difficult with my cast on. I wore my cast for two weeks after the surgery, after which I may have been able to work at a very decreased efficiency.
To complicate it even more, I don't know if I'd be able to prove that I was offered this job. The temp agency itself does not have records of job offers from 6 months ago, but the office manager/my ex-boss might be able to vouch for me. I made less than your estimate at that job--about $275/week net.
Do you think it's worthwhile to pursue potential lost wages? Since it seems to me like a long shot, what do you estimate my claim might be worth without including the lost wages? Would you just subtract the $4000 that you estimated I would have earned in 8 weeks?
AnswerIf the office manager will send a letter confirming the above, the insurer should accept it. And, yes, just subtract the lost wages dollar for dollar. Good luck!
PS: you may need to be patient and try sevral conversations to settle. Some adjusters will be stingy during the first 1-2 conversations. Waiting can be to your advantage.
Also, consider the cost of hiring an attorney - about 30% of your settlement, and possibly more if the case goes to trial. But you should make it clear you are willing to do so if necessary.
