QuestionMy husband and I were in an accident about 6 weeks ago. We are not in any hurry to settle things as we want to be sure that we are feeling better before we even think about taking that step. Our accident happened between two lights and we were stopped behind traffic at a red light. Our mini van was then hit from behind by a dump truck that was 7,000 lbs over weight. The truck lifted our van up and the front was pushed under the mini van in front of us. There were not any skid marks showing the truck driver was trying to stop but she said that she was trying to. The driver of the dump truck new she was over weight and all but admitted it because per the police officer, she asked them if she could “DUMP” some of the load before they weighed her. The officer did say that he would testify to this in court if needed. My husband and I were both taken by ambulance to the hospital where we had X-rays and CT’s done, nothing was broken. We do have deep soft tissue issues. My main issues are sever headaches since the day of the accident, neck, shoulder and hip pain as well as frequent numbness in my hands/arms and toes and have experienced numbness in the back of my head. I had a CT of my neck last week that showed straightening of the cervical spine… due to the soft tissue issues ect (that’s what they are telling me) . My husbands main issues are back, shoulder and neck but he and I both have other trigger areas that bother us. Our concern is him getting back to full strength do to his job as a firefighter and any problems this may cause him due to the rigorous type of work he does (he is also a firefighter in the Air National Guard). Both of us have been going to PT 3 times a week and are making progress which is slow. We see our Doctor every week for a check up. My husband has been off of work since the accident and we are hoping that he will able to go back for light duty soon. The union has passed a position for it. His situation is frustrating because due to the type of work that he does he needs to be pretty much healed to be able to do his job and even on light duty he is missing out on a lot of overtime income that we are used to. So here are a couple questions, Does the accident being with a commercial vehicle make it more difficult than the norm? Does the truck being overweight and the drivers statement give us more of an upper hand with our case? Do any of the circumstances help to determine our settlement amount? I have read some about the “rule of thumb” formula… is it even a smart idea to use it? Is there a way to figure if you should be taking your medical costs times 2 or if it should be times 4? One other question I have is if this is the type of case that we could look for punitive damages as well as compensatory. Any info would be appreciated.
Thanks
Jenny
AnswerHi Jenny,
I am sorry to hear of your serious injuries, and let’s hope that things are not as bad for you as I suspect they truly are. To begin with, that kind of radiating pain is a sign of nerve impingement and it can be a lifelong disability. Hence, I am NOT going to let you continue with your general practitioner medical doctor unless you also get to a neurologist ASAP. Radiating pain as you describe is nothing to fool around with, and many an injured victim has not been served well by relying upon the same doctor they see to treat the flu.
I would make a list of the extent of the radiating pain and when it comes and how long it lasts and take that to your general practitioner and tell her that you would like a referral to a neurologist. That is, after all, exactly the kind of medical problem that neurologists are specially trained to handle. Now, that specialist might leave you in PT, or he might also employ other tools in his bag, which the general practitioner does not have.
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“We are not in any hurry to settle things as we want to be sure that we are feeling better before we even think about taking that step.” BRILLIANT PHILISOPHY! I wish more of my people had that same attitude. Soft tissue that is serious, as in your case, can be tricky in that it may appear to be under control after the first round of treatment, only to pop up angry and full of pain three months later after some physical use of your body. Especially with summer approaching, let’s see what happens to your pain levels and radiating when you and your husband become more active during the warmer months.
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DO NOT SETTLE YOUR CLAIMS UNLESS BOTH OF YOU ARE ABSOLUTELY CERTAIN THAT SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESSE YOUR BODIES WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Let's just finish up this topic of early settlements so you get the full picture of the advantage to them and the risks to you. Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued medical/therapeutic care over the months. Therefore, the insurance adjuster will try to settle before the claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three months of treatment.
In soft tissue cases such as this, the full extent of most injuries is not known immediately after finishing early rounds of treatment, because the injured person has to undergo some of the wear and tear of everyday life, including the pounding her body will receive from a day's work.
Of course we know that your husband’s job will require a lot of physical activity. But even jobs that appear not to be physically demanding can be hard on an injured body.
For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your wife's body will respond until she has experienced sufficient physical exposure to load-test the scar tissue as she heals.
Plus, who will pay for your medical care incurred AFTER you settle? What if you were to settle now and nine months later when you are suffering at work and the pain starts to become too much, and you go to a doctor only to discover that you can expect a course of treatment that will cost a lot of money? After you settle your claims, all further treatment is YOUR responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement.
Here is another page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, THAT IS IT: you and your roommate will never 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
I know that you think this is going on too far with this one topic, Jenny, but I HAVE TO TELL YOU that this is a REAL danger that I have seen many times. So just have patience a bit longer and commit yourself to convey the following to your roommate:
There may be a dull ache at night following a day at work or 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 fractures and 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 FALL ACCIDENT http://www.settlementcentral.com/page0104.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
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Your husband’s wage loss needs to be documented both from the employer’s side and from the doctor’s records. MAKE DARN SURE that his doctor has a good idea of the physical demands of his job AND that the doctor has it in no uncertain terms that he CANNOT WORK for now.
I am also a little worried about a loss of your husband’s career. If your husband recovers as we hope, he should be able to return to his full duties within a year. But if he has problems that are ongoing, and it appears that his career is going to suffer, then you should consult an ATTORNEY ASAP.
The attorney is necessary to coordinate sending your husband to a vocational evaluation specialist and for developing an economic report thereafter in which the monetary value of the career losses over his lifetime of work are computed. After that, the economist will determine the present value of those losses. It is that present value we will present to the jury for an award on diminished lifetime income on account of having to change his career.
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Can you do this yourselves? Yes, if you are willing to read and to do the work, and if no lifetime economic loss (as above) is involved. Sooo . . . . .Jenny—now it is to 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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I think that is about all I have, except to answer your questions.
#1. Does the accident being with a commercial vehicle make it more difficult than the norm? ANSWER: Nope, it is easier. Juries do not like commercial rigs causing injury. Plus, there will be no policy limits problems.
#2. Does the truck being overweight and the drivers statement give us more of an upper hand with our case? ANSWER: Yes. This is a MAJOR CAUSE OF THE ACCIDENT. It also increases the value of your claim inasmuch as juries do not like commercial rigs that caused injuries by violating the law.
Insist upon 100% liability in the tortfeasor. First let’s take the issue of liability. It is a rare case where the following vehicle gets to claim neglingence on the vehicle in front that is rear-ended. It would take something like failure to pay attention leading to an emergency skidding stop. WE DO NOT HAVE THAT HERE, SO DO NOT ACCEPT ANY DEDCUTION FROM YOUR AWARD FOR COMPARATIVE NEGLIGENCE.
It is the duty of the following driver to be on the lookout for causes of sudden stops, and to operate his vehicle in a manner that will allow her to safely stop quickly. In this case, the mass of the vehicle behind you may have been a precipitating factor in that the stopping distance was thereby extended beyond normal. Hence, it was the duty of that driver to leave double the room normally left between vehicles. She is NEGLIGENT, and DO NOT even listen to any talk to the contrary.
#3. Do any of the circumstances help to determine our settlement amount? I have read some about the “rule of thumb” formula… is it even a smart idea to use it? You asked if there is “a way to figure if you should be taking your medical costs times 2 or if it should be times 4?” ANSWER:
Learn about valuation factors in personal injury claims; INSURANCE INJURY CLAIM VALUATION TIPS. What about valuation of your claim? How does one figure out what to ask for?
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. Plus, one would like to meet the claimant to see how she will “sell” to the other side and to the jury. Those online sources that mention a "rule of thumb" is just that: a gross estimate.
SHORT ANSWER: A common theme among those who still think a “rule of thumb” formula will put you in the valuation ballpark is to multiply the medical specials times a number from ONE to FIVE (depending upon factors, some of which I will give you later—or all of which are fully discussed in the members' side of my website, dealing with insurance settlements 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.
Let's take a look just two factors that put the lie to the general use of this rule of thumb. An obvious one is that if a person with your injuries is left to rely upon the records of a general practitioner to support his claim, it will never have the same value as if one’s records were from an orthopedic surgeon or a neurosurgeon or a neurologist, as you probably have. Oh, yes, I am aware that general practitioners and chiropractors seem to be better for most soft tissue injuries than taking drugs prescribed by a surgeon, but the insurance industry does not know that.
Insurance companies give great weight to opinions of orthopedic surgeons and neurosurgeons. http://www.settlementcentral.com/page0052.htm
A second, not so obvious, but very important factor that shows how inaccurate a “rule of thumb” formula can be is just plain location of the trial. 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, especially if the economy is tenuous in small towns. And the differences can be HUGE between these areas, even if only 20 miles apart.
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
This is a big one because it most dramatically affects value. You should NOT ACCEPT any reduction in value for fault. Your fault cannot be used to reduce your award.
2. Trauma suffered
The value of your claim increases with a bigger crash, and decreases with a low damage tripping wherein one catches himself. Why? Just human nature. You had a BIG CRASH.
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). Your damages appear to be serious and possibly lasting.
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). Yours are VERY SERIOUS.
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. You probably would do better to consult a specialist in nerve damage: a neurologist.
6. Prognosis- future care—permanency of injury or pain and suffering—does your doctor recommend 6 months of care, or were you done treating 4 months ago? Even if you are done treating, will the doctor predict future problems?
Your claim value gets a boost if your doctor specifies that you will need some future medical treatment, and right now the recommendation for surgery is important.
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.
12. The social stigma on the actions of the tortfeasor. Here, we have an overloaded vehicle causing the damage, and if the company knew, the jury will punish them.
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#4. One other question I have is if this is the type of case that we could look for punitive damages as well as compensatory. ANSWER: ABSOLUTELY, if punitive damages are allowed in your state. The PURPOSEFUL STACKING OF EXCESS WEIGHT IS POTENTIALLY CRIMINAL. It surely is the kind of gross negligence that the punitive damages concept is designed to stop.
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FINAL TOPIC, Jenny: 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
