Initially, she had whiplash. Our car was totaled. She had difficulty moving her head to one side for about a month and was on pain killers for months too. She could not play with or pick up her daughter for about a month or two and constantly lay in bed when she wasn't working (as a teacher). Now, a year later, she still cannot turn all the way to one side but feels OK otherwise. She can turn most of the way/nearly all the way, and it doesn't affect her normal functioning.
Our medical bills were minimal because of insurance, and we never got x-rays, even though she went to the emergency room on the day of the accident and saw doctors subsequently.
She may settle in the next week but I wanted to get any opinions on a fair amount. I won't say what's being offered because I don't want to affect your opinions.
Thank you.
2007-01-10 22:58:38 · 8 answers · asked by Stuck in the Middle Ages 4 in Cars & Transportation ➔ Insurance & Registration
Our car was totaled but it was old. I think the damage would have been less than 4k to repair.
We have no attorney involved.
2007-01-11 00:08:25 · update #1
No previous injuries. Should she get x-rays now just to make sure there's no sign of significant damage?
2007-01-11 00:29:34 · update #2
Nobody can give you a fair assessment of this case without sufficiently more info including: how old your wife is, what county and state you are in, any prior medical history or accidents, what her doctor reports say, etc.
Probably, with no objective tests such as Xrays, MRIs, etc, your case is worth a few thousand dollars at best. If she didn't miss time from work and her medical bills were paid for, then that would be a high end figure. If you have any out of pocket expenses that you can prove (receipts for prescriptions for example) then include those in the settlement. But without objective findings, unless you have a doctor's workup with tests included, don't expect more than a few thousand.
Rememeber this: Insurance companies are bound by law to act in good faith. If anyone makes any complaint to the state insurance board or if your file is pulled for an annual random audit, it will be reviewed. If it is determined the insurance company low-balled you or acted in bad faith, they will face serious fines. Most companies won't risk that by making you a bad offer.
2007-01-11 00:17:10 · answer #1 · answered by jerry 5 · 1⤊ 0⤋
MRI's should have been done. A neurological consultation should have been done. Your attorney is slacking and doesn't take your case seriously. My boyfriend was rear-ended, very minor property damage, but significant bodily injury. Herniated L4 and L5 with no previous history of back pain or injury, to such an extent that even I could see the damage to the discs on the MRI. Your case has very little to stand on without the MRI and neurological consult. Without this documentation, expect a maximum of whatever the other person's insurance claim limit is, and most people carry about 20,000$ maximum per claim.
It may not affect her now, but it will. Maybe tomorrow. Maybe 5 years from now. Maybe 30 years from now. My father had herniated discs, L4 and L5, same as my boyfriend, that didn't bother him for many years, but he ended up requiring surgery on his back to remove the damaged discs to be able to walk later on down the road. I remember when I was very young, daddy dragging his left leg because he was in so much pain that he could not walk normally. This was some 10 years after the initial accident, and LUCKILY he had retained an attorney and received a settlement, and held onto that settlement in the event he needed surgery.
Get an attorney. Now. You need an attorney to fight for your case to get you the best settlement possible in the event your wife needs surgery later on down the line. Back surgery is NOT cheap, and when she needs it, she'll need it so desperately that she will regret not getting an attorney involved to fight for her case.
2007-01-10 23:57:49 · answer #2 · answered by sovereign_carrie 5 · 0⤊ 0⤋
You cannot assess this question without an MRI, a neurological consult, and the advice of a "qualified" attorney!
The insurance company will kiss you on the cheeks because they know they can get out from under this "bodily injury claim" for minimal expense.
Let me put it into a better perspective for you. My mother was rear-ended back in the 80's to which she did go to the ER, had an MRI, a Neuro-Surgeon, etc etc. The total cost was well over $100,000 (C-5 C-6 surgery) when said and done! That does not include the every day suffering you will endure for life requiring many medical interventions from doctors to prescriptions! The list goes on and so does the cost!
Is your insurance company offering you in excess of that figure to secure your future from bankruptcy?
Then maybe you might give a little more consideration to the facts and not just the monetary portion, seek expert medical intervention, and find yourself a "qualified" attorney!
By "qualified" I speak of a law firm that is "known" for their reputation of fair settlements and excellent legal reputation! Find larger law firms that specialize in your case!
2007-01-11 02:51:14 · answer #3 · answered by Anonymous · 1⤊ 1⤋
You need to get an attorney who specializes in this field & FOR GOD SAKE, DON'T SETTLE ANYTHING! You have to think about your wifes future, your possible loss of her income, a thousand other things that you haven't considered. YOU NEVER GOT X-RAYS? My God...it sounds like you've been listening to the other partys insurance company. Your insurance shouldn't have paid for squat! Don't be a nice guy...& don't trust the insurance company.
2007-01-18 10:44:07 · answer #4 · answered by Edward J 3 · 0⤊ 0⤋
upload-ons are valueless and could not advance the cost of a vehicle through 1 penney. mainly custom additions actual deduct from the cost of a motorcar through actual undeniable truth that it narrows the marketplace to an noticeably small margin. that's yet another truth -- in case you imagine your twelve year previous Eclipse is nicely worth $2,900.00 you're on too a lot discomfort drugs. do not attempt to bully the coverage employer into tacking on more desirable than your motorcar is nicely worth through your injuries. The adjusters will see correct through that and could spin your declare right into a combative concern that you and your spouse do not opt to be coping with on the instantaneous. basically keep your cool, be polite and be honest and demand an same from them. playstation -- be warned: in case you contain a criminal specialist he/she/that's going to take in to 40% of your settlement -- no be counted HOW small. in reality attorneys artwork only for themselves one hundred% of the time. you at the instantaneous are not something more desirable than a cockroach and also you'd be treated that way. you received't have your day in courtroom (attorneys settle ninety 9% of ALL circumstances hours previously a courtroom case -- quite typically for little more desirable that the unique furnish), attorneys can not get you one hundred% more desirable than an coverage employer gives you (coverage businesses have dozens of attorneys and are not fearful of yours!).
2016-10-17 00:50:12 · answer #5 · answered by manca 4 · 0⤊ 0⤋
I dont see it going above a few thousand... probably between 4-7k. You have very little out of pockets and although this injury does show some signs of permanency.. too many people think they wont the lottery with bodily injury claims (im not saying you.. just in general) Dont listen to the people on here who put ridiculous amounts...
2007-01-11 01:40:37 · answer #6 · answered by Anonymous · 2⤊ 1⤋
I would talk to an injury lawyer. The insurance company is going to give you the least amount they can
2007-01-18 04:25:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
750,000 you might think thts high but if you are going to settle you might keep in mind that she is going to have problems the rest of her life and she could end up paralyzed,better talk to some more doctors,and get some x-rays and an attorney
2007-01-10 23:12:07 · answer #8 · answered by vincent c 4 · 0⤊ 2⤋