QuestionI was involved in an accident here in oregon. I was hit from behind while I was stopped at a red light. I had immediate pain in my lower back, when it did not go away, x rays were taken and we discovered a cracked vertabrae in my lower back. It is now a year later and I am still suffering daily pain doing everyday normal things(doing dishes, pulling weeds) anything with repatative back motion. The crack has healed but the insurance company(state farm insurance) is offering me 2000 for pain and suffering, this seems quite low, and I am considering contacting a lawyer to handle this. I also work in an injection molding plant that is downsizing, if I am removed from my supervisory position and put back in the production area(because of bussiness demands only) I am sure I will no longer be as effective as I used to be, this could possibly lead to being jobless! Should I ask for schooling to be paid for retraining? What might I expect for my pain and suffering? Thank you for any insight on this matter.
Answer
Dear David,
A cracked vertabrae is SERIOUS BUSINESS, and while I am sure you are in good hands on the medical front, you have let your legal claim slide a bit.
There are two pages of free information you MUST READ ASAP. First deals with the statute of limitations, which is two years in your state. Second is a policy limits page, in case the tortfeasor does not have over $25,000 in insurance.
Directory of Legal Information on Statute of Limitations, Personal Injury Insurance Claims http://www.settlementcentral.com/page0452.htm
Directory of Legal Information on Liability Insurance Policy Limits Settlements http://www.settlementcentral.com/page0451.htm
DO NOT RESPOND to State Farm's strange offer. There must be something I don't know about, but if you suffered an objective injury to your spine, there is a lot of trauma involved and the claim is worth A LOT MORE.
You can WRITE (DO NOT CALL HIM) to the adjuster that you need to do a better job communicating the seriousness of your injuries, and as such, until you send in some more information for him so he can make a more realistic evaluation, you will not be responding to his offer inasmuch as it is far and away insignificant in comparison to a serious permanent injury.
You can take one shot at this yourself before you go to an attorny just to see if you can settle it or get a higher offer to take to an attorney.
If you are a supervisor, you are bright enough to try to settle the claim, IF AND ONLY IF STATE FARM HAS MINIMUM LIMITS for your state. You submit your demand letter and tell them you want policy limits and see what happens.
They are not going to bite you. Maybe they will just roll over and pay the limits. Or, if not, maybe they will offer $12,000. THEN, you can take an offer in to an attorney's office and get a discount because that portion should be exempt from his fees (although it is common to charge a fee of more than one-third for the excess award he achieves ABOVE YOUR EXISTING OFFER).
Take an Insurance Settlement Offer to an Attorney http://www.settlementcentral.com/page0109.htm
What did you do on the offense to prepare your claim?
Did you just sit back and let them tell you how much the claim was worth, or did you submit your own demand letter first?
Personal Injury Demand Letter Samples http://www.settlementcentral.com/page0170.htm
Use a Confidential Diary for TOP Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
Next, take what the adjuster said about your injuries and put it in writing and go to your doctor and see how much she would charge to make a nice narrative letter for you. This is a tactic we teach our members at www.SettlementCentral.Com called a "second salvo" letter. You respond in negotiations with something new in writing.
Make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for all that you have suffered through.
Personal Injury Medical Records
http://www.settlementcentral.com/page0114.htm
If State Farm will not pay in their policy limits, then YOU CANNOT SETTLE THIS CLAIM ON YOUR OWN. YOU MUST GET AN ATTORNEY ASAP.
DO NOT EVER AGREE TO WHAT THEY OFFER UNLESS IT IS FULL POLICY LIMITS AND NOT A DIME LESS (assuming they have minimum limits).
Give an attorney sufficient time to prepare and file a lawsuit well before expiration of the statute of limitations. I list qualified attorneys for no charge or income to our website. It is a service, and they are supposed to give a discount to people who mention that they got in touch through my website.
Go to this page on my website for excellent personal injury attorneys http://www.settlementcentral.com/associates.php
Be sure to move the little dot to "attorneys", as the default is for chiropractors. Also, put in two hundred miles or so just to get a wide scope.
I do know that we have an excellent attorney in Portland. He is contracted to give a 10% discount off of his fees IF YOU COME TO HIM THROUGH MY SITE. (We get NO referral fee; this is just a free service we run to benefit injured persons.)
I took some extra time with your case because of the seriousness and the possibility of saving some big money if you could get a policy limits award. I trust that my efforts have been of value to you, and thus I respectfully request that you find the feedback form on this website and leave me some feedback.
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
