QuestionQUESTION: I was involved in an accident back in july. I was sent to theraphy for 2 months and it didn't do any good. The doctor decided to do a mri and found out that I have 2 herniated disks and two disk protusions. My medical bill are about 17,000 and my vehicle damage was 11,000 I am a housewife. I have not been able to do any of my normal things since july. What do you think my case is worth?
ANSWER: Hi Linda,
Unless you live in Tennessee or Kentucky, which has a one year statue of limitations on injury claims, You have at least two years and possibly up to 4-6 years. Let me know your state of residence and I can tell you the statue of limitations.
Based on your injuries, it sounds like there will be a lot more medical treatment and possibly surgery (which means more medical bills).
It is not possible to put a dollar value on the claim until you have recovered and no longer treating.
If you have not recovered before the statue of limitations expires, then there must be a contingency payment for future medical expenses in any settlement.
Keep in touch as time goes by.
Sincerely,
Bennie
San Francisco Bay Area 10-16-07 8:32 PM PST
---------- FOLLOW-UP ----------
QUESTION: I live in the state of Indiana
ANSWER: Hi Linda,
The state of Indiana has a two year statue of limitations on Bodily Injury claims.
This means that you must have the claim settled or have an Attorney file a suit for injuries, which also extends the statue of limitations.
Do you know what amount of Bodily Injury coverage the adverse party carries?
You need to contact their insurance company and have them disclose the amount.
If you were fully recovered right now, your claim has a value of approximately $50,000.
There is a strong possibility that the adverse party carries a $50,000 maximum per person, or less.
Do you carry higher limits of coverage under Bodily Injury,
such as $100,000/$300,000 or $300,000/$500,000 WITH UNDERINSURED MOTORIST coverage in the same amount?
If so, you can request written permission from your own company to settle with the adverse party for their low limits and open an Underinsured Motorists claim against your own company. An underinsured motorist claim would not go through the court system but be handled through Arbitration. The arbitration method allows the insurance to hire an Attorney to protect their interests, you secure an Attorney to present your case and the two Attorneys jointly agree on a 3rd party to hear the evidence and make a decision on your award. All parties are legally bound to accept the 3rd partys decision. The maximum amount that you can claim is the difference between the adverse partys limits and your underinsured motorists limit.
Example: If the adverse party has $25,000 coverage per person and you have $100,000 per person coverage underinsured motorist coverage, then the maximum claim would be an additional $75,000.
Of course, if you don't have high limits of coverage and high limits of underinsured motorist coverage, then all this information is irrelevant.
You need to do the following right away.
Have the adverse company disclose their policy limits.
Check your own policy to verify if you have a larger amount of underinsured motorists coverage than the limits of coverage of the adverse party.
If the adverse party has $50,000 coverage or less and you don't have higher limits of Underinsured Motorist coverage to bring in as secondary coverage, then you need to find out if the adverse party has any assets. It's a total waste to pay an attorney 50% of the insurance settlement to sue in court and get a large settlement that is uncollectable.
If you are fully recovered within 14 months from the date of the accident, then you can start trying to settle the claim against adverse company. If you have not settled by the 18th month, You need to secure the services of a Personal Injury Attorney. He/She will need at least 6 months to fully investigate the claim and file a suit.
Please contact me again and let me know the limits of coverage of the adverse party and your own limits of Under Insured motorists Coverage.
Sincerely,
Bennie
10-17-07 11:00 AM PST
---------- FOLLOW-UP ----------
QUESTION: Hi Bennie,
I got released from my doctor on October 26th because I got a steroid injection. Well, the earlier part of December I started hurting again. I went back to the doctor on December 7th and she told me to apply ice and still continue with my exercise. She stated in her notes that the injury fails to improve. I refuse to take anymore steroid shots and physical therapy didn't do any good. At this point I am not scheduled to see the doctor again so I guess I am still released. When I go to settle, Isn't is good that the doctor stated the the injury fails to improve/resolve. Do the at fault insurance take in to consideration what is written in the doctors notes? The insurance adjuster asked me to send over all of my special damages before she can settle the case. I am a housewife and a landlord. do you get any compensation for being a housewife. I was not able to do any of my daily chores. Nor was I able to fully take care of my kids. I just want to make sure I am sending them the correct information. My medical expenses were 17,152 and what I spent out and what I figured for being a housewife it totaled to be $4906.00 which totals to be around 23,000 and my truck was $11,000 which totals around 34,000. What do you think my case is worth at this point. I still have the herniated disks in two spots.
AnswerHi Linda,
Do NOT send anything to the claims adjustor. She wants to review your case and make an 'offer'.
Once recovered, you want to submit all your special damages and 'demand' a specific settlement.
I have so many important questions to ask you that I don't know where to begin.
I guess my first question is, Do you want to recover from this injury and live the rest of your life pain free or are you just looking for a fast settlement and a life of pain?
Your Doctor's statement that your injury fails to improve or resolve is worth Zero towards your claim. It simply means that she is unable to solve your problem. You need to see a specialist and do everything recommended to resolve your injury.
I was involved in an auto accident in 1986 that caused a herniated disc at L 5 /S 1 in my lower back which caused excruciating pain to my sciatic nerve and down my right leg and wrapping around my foot. I was in Physical Therapy
2 1/2 hours per day, 5 days per week for 9 1/2 months, but that totally resolved my problem and I have had no reoccurrence of pain in the last 23 years.
You need to move the settlement issue to the side (you still have over 18 months) and deal with the recovery of your injuries.
I had previously ask you to learn the amount of insurance carried by the at fault driver and the amount of underinsured motorist coverage on your own policy. Please send me that information as well as the names of the adverse company and your own company. I can't advise you the size of your demand without knowing the amount of insurance available.
First of all, the $11,000 damage to your vehicle bears no relationship to your injury claim. That was a separate property damage claim and should have been settled within 30 days.
The eventual value of your claim is based on your total economic losses. If the $4,906 is just a value that you place on being a homemaker, it is not an economic loss.
However any money that you spend (and document) to assist you maintain the household and be with the children while you are receiving treatment or therapy is considered an economic loss.
Please find a Doctor that can help you recover and get back into Physical Therapy, that's the only sure way to avoid later surgery, which you definitely want to avoid.
Please send me the other information that I have requested.
The adverse company is required by law to release the policy limits of their driver.
Sincerely,
Bennie
12-20-07 2:50 PM PST
