A very visible, red, raised keloid scar on my wife's forearm is the last part of an insurance settlement from a car accident in June. Our claims adjuster asked us to think about things like embarassment being seen with the scar, having to change her wardrobe to all longsleeved clothes to cover the scar, pain, permanance or persistence of the scar and future possible surgery to revise the scar when we think about what amount of a settlement to expect. One website suggest a rule-of-thumb of 1.5 to 3.0 times the amount of the medical expenses for the accident. We've never been through this before and have no idea of what is fair.
2006-10-06 12:05:25 · 11 answers · asked by pseudalus 1 in Cars & Transportation ➔ Insurance & Registration
Given that it is a cosmetic injury, and one that is not causing loss of function in the arm. I think the website's reccommendation is fair. Unless you intend to try to revision the scar for a better cosmetic result. Then you need to check with a plastic surgeon for the cost of the operation. Since the accident was in June, it could take up to a year for the scar to stabilize and reach it's full healing stage. It may be less noticable by then, unless it's a very large keloid.
2006-10-06 12:14:42 · answer #1 · answered by phantomlimb7 6 · 0⤊ 0⤋
Don't let anyone get to you with their responses! Some folks are rather insensitive and others are probably just clueless. That's their problem though; not yours!
I would say that the insurance company you are dealing with is trying to be fair -- a good corporate citizen as it were. That's refreshing!
Your wife has a right to be made whole following that accident. In some cases, that's pretty straight forward as the doctors can do amazing things these days. When that's not possible, the only option that our society offers is financial compensation. How far you wish to go with that is entirely up to you, though you don't sound like someone who is out to "beat the system." That's refreshing too!
OK, what is it worth to you and your wife? Well, part of that is pretty easy to determine. Consult with a plastic surgeon and find out what it will cost to have the scar revised, and how long that will take. Beyond that, any other costs are up to how your wife feels about the scar. Some folks aren't particularly bothered by these things while others are horrified by them. Your claims adjuster has given you a good list of things to consider; talk it over with your wife!
The common rule-of-thumb of 1.5x - 3x actual damages is reasonable compensation for pain and suffering. Add up the actual and future medical bills (not just your co-pays!) and any other direct costs (wardrobe, etc.) and apply the factors. That's your negotiating room. Start at the top and work down from there.
In the end, what is "fair" is probably as much as the insurance company is prepared to pay without getting a bunch of lawyers involved. That works out best for you -- you get a quick settlement and move on with your lives -- and for the insurance company -- they close the books on it quickly and keep costs reasonable.
And please don't let some insensitive boor here get the better of you! Good luck!
2006-10-07 04:45:34 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
No one including attorneys would be able to answer this question in all fairness! There are so many variables to overcome.
First off the insurance company- some fight vigorously others not so much. The attorney- some are well versed personal injury attorneys and others just jumping the band wagon doing everything from wills to federal statue. The injury, how serious, debilitating, permanent scarring etc. Then you have the jury, some more open minded than others to which no one can predict the outcome ! The county and state? Makes a huge difference! And last of all you have the other drivers policy coverage limits. A court will not award settlements above the policy limits unless you have a case of unimaginable negligence for example drunk drivers-and even then they can get sympathy when the court reviews the facts of the case. Nothing in a law suit is etched in stone! Someone can win a law suit that the next guy loses for exact reasons!
You can call any attorney in the country and they will relay the same answer I am posting here!
2006-10-06 12:21:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
10K in bill for a back sprain is WAY too much. and depending on your state, you may have to pay back this money with the settlement you receive from the other person's ins co. Therapy for soft tissue injuries is ususally 3 months max and if there is no improvement, you should have seen a orthopedic doctor for tests. Honestly, you will be lucky to cut even, and your bills could = or be less than the policy limits the other driver had. Best bet= talk to the adjuster, see what they want to offer you, it could be more than you expected, or it could be that they feel that you overtreated and will give you a portion of your bills. IF you get an atty, his money comes off the top 1st, then the bills, then you get the crumbs left over if there are any.
2016-03-18 05:55:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't know, but you will surely end up with about 1/3 or less of what you think you're going to get. Having to get all long sleeve shirts to cover the scar does not sound like an expense any court would cover.
2006-10-06 17:55:35 · answer #5 · answered by Anonymous · 0⤊ 1⤋
She has a scar, get over it. It doesn't define who she is. Why do you have to turn everything into a dollar sign? Be glad she didn't die in the accident and stop looking for the money in all of this. If she had had the accident at home and got a scar you wouldn't think twice about money for it.
2006-10-06 12:15:43 · answer #6 · answered by ? 6 · 0⤊ 2⤋
The only person who is going to make any money out of this is your attorney. Sorry for your wife. Just don't think your going to be millionaires cause your not. And make sure it doesn't change your relationship.
2006-10-06 12:12:43 · answer #7 · answered by Good Grief 4 · 0⤊ 1⤋
Haven't thought about that
2016-07-27 13:24:31 · answer #8 · answered by ? 3 · 0⤊ 0⤋
see my answer on your other post regarding this question. Please note, however, that multiplying the medicals by a number is not how a fair settlement is determined on either side.
2006-10-07 09:56:10 · answer #9 · answered by Chris 5 · 0⤊ 0⤋
Hi there, just wanted to mention, I loved this discussion. quite valuable replies
2016-09-23 09:45:51 · answer #10 · answered by ? 2 · 0⤊ 0⤋