QuestionHello!
I recently got into an automobile accident and the police determined it was the other driver's fault. it
was a rear end collision in which I hit the vehicle in front of me when it merged into a right turning
lane without checking its blindspot. I was wearing a seatbelt and front airbags went off. The
accident occurred on Sunday and I went to emergency care to seek medical treatment on Wednesday.
My pain included mild neck and right back pain. My main concern was chest wall pain, I received an
EKG as well as a CT Scan and was diagnosed with Musculoskeletal chest pain. I was prescribed
Ibuprofen for my pain and was told it should go away soon(2-3 days), which I don't believe it will be
that fast because it has been present since Monday. The extent of my insurance is only liability so
my insurance will not cover anything but a limited amount of medical payments option that I pay
for.The damage on my car is nonrepairable apparently. It was a 1997 Honda Accord and it was
damaged on both sides in the area from the headlight to the side view mirrors. Based on your
experiences what would you believe a reasonable settlement to be in my situation without getting
attorneys involved? This is the first accident that I have been involved in and would greatly
appreciate any advice or suggestions you may have for me. Thank you very Doctor Settlement!
AnswerHi Claudia,
Since this is your first accident, let’s start with the basics: medical care comes first, and you do not worry about your settlement until your condition is stabilized.
I hope that you will not shoot the messenger for telling you to wait a few weeks until your soft tissue injuries manifest themselves and you get some treatment for them.
The fact that they totaled out your car tells me that you had a fairly hard hit. It appears that the average value of your car is around $8,000, so that is a pretty good whack to produce damages in the range of $6,000.
Hence, let’s wait a bit for the other soft tissue injuries to kick in. Listen to your body and get medical attention when you feel any aches or pains that continue for a day or more. You were in an accident that was hard enough to “total” your car: hence, there likely was sufficient trauma to cause soft tissue injuries.
It is likely your body suffered trauma sufficient to cause injuries. And there is no reason why you should suffer. Plus, if you get medical or chiropractic care, you are entitled to recover for personal injuries from the tortfeasor.
DO NOT SETTLE YOUR CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY 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. 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 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, Claudia, 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
For both injury recovery and insurance settlements www.SettlementCentral.Com supports use of chiropractors for soft tissue injuries. Why? Well, our members tell us that Severe Whiplash and Soft Tissue http://www.settlementcentral.com/page8010.htm Car Accident Injuries are Treated Most Effectively by Chiropractors.
Chiropractors have received higher grades not only for treating the soft tissue injury better than with drugs, our members also feel that chiropractors are More Likely to Understand and Support Your Pursuit of a Personal Injury Insurance Claim http://www.settlementcentral.com/page0050.htm
Once you have suffered the soft tissue injuries that I believe are coming, then you have treated for them, write to me again and we will discuss settlement values. For this kind of injury, the total cost of medical treatment is what counts in valuation.
I trust that my 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
