How much should I ask for in a settlement from the Insurance company from an automobile accident ?

Question

I was in an automobile accident in November 2006 which I was not at fault.I was hit head on by a driver running a stop sign.The next day I went to the Emergency room for shoulder pain.It was believed that I had whiplash and the pain would go away.The pain did not go away and about 2 weeks later I went back to the ER for a followup and I had Xrays done.After the Xrays an MRI was scheduled and the radiologist found that I had swollen bone marrow in my shoulder from the accident and osteoarthritis had quickly set in.Besides pain and pressure of my shoulder feeling like it was going to fall off, everytime I moved it grinded and was popping.I was sent to a bone/joint specialist and they recommended to excercise it by lifting weights to ease the pain. I went back 6 weeks later (today) for a followup and the pain has stopped but the popping/grinding has not.I will have the arthritis for the rest of my life.The insurance company wants to settle and I dont know a monetary $ value to tell them.

First of all the osteoarthritis WAS from the accident and I have proof from the radiologist that it was caused from "tramatic injury" aka the accident. I am only 22 I had no previous injuries or problems out of my shoulder. I even asked if it could have set in that fast after an accident and the radiologist and the specialist both agreed that it could even at my age. I just wanted an idea of a fair amount to ask for given my condition. I am not out looking for a get rich quick scam or anything.

My medical bills are about $2200-$3000 and I also purchased some weights to lift as suggested by my specialist to ease the pain. I forgot to add the damage to the vehicle was about $9000 and the frame was bent but the vehicle wasnt totaled cause the bluebook was about $18,000.

What I really want to know is how much is pain and suffering actually worth? I was in a lot of pain and was drugged up for like 2 weeks and didnt feel like doing anything. I don't know a value for something like that. I just want to know something fair and nothing money. They offered only $1000 and that don't seem fair since the arthritis will probably give me problems later on down the road.

I am a student and have not been previously employed.

Answer 1

First, I have to preface my comments by saying this is not personal and I hope you get everything you deserve in your settlment. My comments are based on my experience as a long time adjustor and I'll identify some of your strengths and weakness( in my opinion) based on the info you've provided.I have to address the osteoarthritis (OA) injury. I am not a doctor but would emphatically disagree that your current OA is caused by the loss. I'm not sure there is anyway that OA manifests iteself in six weeks. Could your injury lead to OA? Yes, but I don't think anyone can say it definately will...your chances only increase with trauma to the joint. That is a weakness of your case as literature would support that opinion. If your doctor says otherwise, God bless him and pound that into the adjustors head but you'll want to get the dictated medical records from all your treating providers to know exactly what is noted not just what they told you verbally. It could vary. Now, your age is in your favor but what I would look at is your occupation. Are you in a position requiring manual labor, overhead work, repetative use of the shoulder, etc. do you have a prior medical condition? Those are things that could lead to OA as well. However, at 22, it's not that common and trauma induced OA would be more common...just not after 6 weeks...OA does not quickly set in. This is a degenerative condition that takes time to develop.
What's it all worth? That's tough. Much of has to do with how you present and your witness qualifications vs. the other driver. Was the other driver drunk or some other aggravating factor? I would say your claim is worth your bills plus 1000-2000 on top of that. It's likely you were diagnosed with a bone bruise (which hurt like hell) and/or a shoulder soft tissue sprain/strain. You stated the pain has stopped so you're entitled to 6 weeks or so of pain and suffering. As for the grinding, that is called crepitus and can be a symptom of OA. I'm really curios what your occupation is though, and how that may/may not be a factor.
I don't see an attorney making a bunch of money for you on this one but you'll have to decide that. Too many people push everyone to attorneys...especially on this website. Attorneys generally take 1/3 of a settlement meaning you'll have to recover 50% more on a settlement with the atty to net the same amount and that just doesn't happen that often and when it does, it's because the atty brought something to light that the insurance company may not have been aware of.

good luck

Answer 2

Beyond the settlement of the cost for repairs to the car (which only the insurance company will decide) you can also claim for the medical expenses, of course.

Save all the medical expense receipts, and document everything. Obviously a lawyer and his fees will be involved in all this. If you have a job, and have suffered loss of income due to injuries resulting from the accident your lawyer will make sure this is taken into consideration as well.

This, and other things that the lawyer(s) will advice you on will determine the outcome, and amount of the settlement. It's a long road to the finish, so just hang in there and be patient.

Good Luck

Answer 3

ok well take it from someone who knows im going through the same thing i was in a wreak sept.2006 my med bills are 6k and my car wasnt worth much but i got roughly about 2k for my car.my lawyer is asking 25k for my suffering now after his pay i wont get much but that should give you a rough amount to work with.also if you work get time from that to.hope it helps.