I was in a auto accident back in May. I was rear ended the other person at fault. I went to the er that day for back pain, then again on the 1st, i have been to the doctors 3 times, referred to see a chiro, that didn't help so they scheduled me a mri. after reviewing that they now have me in physical therapy. My medical bills without the chiro and p.t. is around $9000. how much is a fair settlement?
2006-09-26 02:25:39 · 14 answers · asked by stacydeets 2 in Politics & Government ➔ Law & Ethics
NO, NO, NO, NO, NO! You DON'T do this yourself and you DON'T ask on Yahoo! Answers!!
You get a lawyer. I'm NOT a lawyer, but believe me, even with the 35% contingency fee to the lawyer, you will take home more money than if you do it yourself. The other insurance company wants you to do it yourself and maybe even made you an offer without you asking first (and if this is what happened, then you KNOW you have a case that a lawyer will help you with).
I was in an accident, and the other guy's company offerred me a thousand bucks - and I hadn't asked or even gotten my prescription for PT. I told a colleague, who tipped me off that my case was golden for a lawyer. In the end, I got a $7500 judgement, taking home $4500 - because I had a lawyer.
The downside is it took something like 2 years for this to finish up - and my lawyer told me it would take at least that long. I was prepared for it, and you should be too. What will probably happen in your case is you file suit, and then you sit back and let the lawyer do the stuff. At the end of the fiscal year (probably 12/31) of either 2006 or 2007, the other company will start trying to close it's books - if your lawyer is good, he'll know how this works and leverage it for maximum opportunity.
I'm sure you want your money NOW but patience is a virtue and a money-winner. GET A LAWYER - and NOT one of those 1-800 lawyers on TV. Go to your state bar association and get a list of attorneys who handle accident payments, and then call around. It might take a few calls - the first two I called pretty much laughed at me, but the third guy was helpful and was clearly not a flake... in fact, he had his degree from one of the top 10 law schools (Penn).
Good luck!
2006-09-26 02:42:09 · answer #1 · answered by ? 6 · 1⤊ 0⤋
If they have you in PT now, your bills are going to escalate. Go see a lawyer. He'll start the suit out at a million or so, and you'll end up with nice settlement.
In general, consider 3 or 4 times the medical bills for pain and suffering. However, if you are still seeing someone for the pain, the bills will rise, and once you sign that settlement document the insurance company is done with you. 100k minimum, in your pocket is what you should be seeking.
2006-09-26 03:26:43 · answer #2 · answered by Manny 6 · 1⤊ 1⤋
You have a difficult problem; 1st: Why are you looking at the present time, in wanting to settle? Once you settle and take the pennies they offer you, then you have given up any and all future claims(medical) that are associated with your accident. If you are young and this "cronic" problem(your back) persists, it will be your responsibility, for the rest of your life. You will have to pay all of your future medical bills, since NO insurance company will cover a "pre-existing" injury-period!!
2nd: Even in the most extreme cases, the "Law" only allows a judgement to exceed the maximum of 3X's the value of total damages(reasonable) to cover any and all future sufferring by you-period!
Your total debt(medical) to date is only $9000.00, and you are still sufferring, and tomorrow it could get worse with age, so you could only get current medical bills paid, and maybe 40% more of that amount(if you are lucky) for your future needs, and as I said; "Forget about using insurance in the future to cover this pre-existing injury."
That is why it is called "a settlement;" you settle(resolve) this case(dilema) once and for all.
The court system and "Law" are not a "windfall"(profit) for you, it is in place to make you "whole" or as close to where you were before you were in the accident! No more-No less....
I'm not trying to ruin your feelings, but "The Law" has to protect both sides involved in the case, not worry or care about the litigants futures.
You are the only one who can take care and protect yourself, and your future, and what your future medical needs may be....
I would not settle, and take the puny amount they offer you. Say they did offer you $30000.00 to settle; how long would it take you to "blow-it"(spend) on junk? Then what would you do??
Only a lawyer can tell you what is the best thing for you to do, and how to protect your future medical needs.
Good Luck, with this horrendous decision, and your back-ache...
2006-09-26 03:14:51 · answer #3 · answered by 1moe4u 3 · 1⤊ 0⤋
Stacy
There is no way anyone can answer this question as they dont know what part of the world you live in, etc.. There are places where one can sue for the type of injuries you suffered as they may not be "serious" enough. Its dificult to explain by laws differ, and perhaps where you are you can recover for the injuries.
Of course you can be reimbursed for your expenses and any lost wages. There are jurisdiction where the medical bills would have been paid by the auto insurance directly.
So you see, no one can give you an accurate answer.
Good Luck
2006-09-26 02:56:34 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If the other person was at fault, ask for what you're entitled to. The cost of your medical bills, for your time off from work, your costs of repairing your car, any legal expenses directly due to the accident, etc. Basically, it should be whatever you can show receipts for, plus some amount for your troubles. But this whole business of million dollar settlements for pain and anguish is ridiculous. IMHO, that's just there to make lawyers rich.
2006-09-26 02:29:49 · answer #5 · answered by Ralfcoder 7 · 0⤊ 1⤋
The at fault party should pay your medical bills, car repairs and any pain and suffering you went through. If in California to claim pain and suffering damages you must have had Liability insurance coverage, thanks to the Governator.
Ultimately, you should seek a good accident lawyer and have a police report.
2006-09-26 02:36:39 · answer #6 · answered by hpneil 4 · 2⤊ 0⤋
you know you should really think about the other party before you start suing. the reason i say this is cause i rear ended (not really just rolled into her at a stop) and she is suing me for 15 grand. i am a single mother who of course can barely come up with $15. i would just think about it. the damage i did to her car was 2 scrathes on her bumper. there wasnt even a paint chip on my car. she had to be taken away in a ambulance in a neck brace and a back board. (she was faking the whole thing) she said she had to be hospitilized and she said she has to go thru ongoing back therapy. i am now filing bankruptcy. i can honestly say she ruined my life. i cant buy anything now cause of this on my credit and now the bankruptcy. by the way they also took away my drivers licsense because of the money i owe her. it makes it hard for a single mom to get around and depend on other people to take me where i need to go.
what i am saying is just think about what you are getting ready to do. it could change the other persons life. it wont do anything to yours. you wont even see that money. guarantee it.
and also doesnt their insurance pay for all this stuff anyways???
2006-09-26 02:34:37 · answer #7 · answered by Your Angel 6 · 0⤊ 2⤋
Enough to cover your medical bills and time out of work. Talk to an attorney about this.
2006-09-26 02:34:39 · answer #8 · answered by parrothead2371 6 · 1⤊ 0⤋
The complete cost of treatment, if you have accident insurance. Else, it might be good ethics, to depend on the relative capacities of the parties involved.
2006-09-26 02:31:12 · answer #9 · answered by Sam 7 · 0⤊ 1⤋
Hire a personal injury lawyer, and do everything they say. You cannot guess how much, there are laws everywhere to calculate things like this. Also, do everything the doctor(s) tell you.
2016-03-27 10:38:45 · answer #10 · answered by Anonymous · 0⤊ 0⤋