I was rear ended by a minor. I had back pain for a few months. Since I had mono at the time the ER gave me a CAT Scan to make sure my spleen was ok. My medical bills are running about $6500. They paid those, but claim they should not have to pay for the CAT scan. They paid $1800 to fix my car. They are offering $1,900 for pain and suffering. I have spoken with lawyers, they say I should sue; but say they will not make enough money to be worth it. Small claims court will hit the cap if I go there. Am I being greedy? Should I go to court and represent myself? Any other suggestions? I have talked the company up as much as they are willing to go and am getting nowhere. Any suggestions or just settle?
2007-10-17 08:19:03 · 7 answers · asked by Scott 2 in Politics & Government ➔ Law & Ethics
The biggest problem in the county I live in is that it is conservative and thinks everyone who was in an accident is greedy. The lawyers I know do more real estate and said due to the difficulty in prosecuting in our county that I find someone else. Is self representation a good option?
2007-10-17 08:45:43 · update #1
Self-representation is probably not a good idea in this case, particularly since you do not know the ins and outs of personal injury law. This will most likely work against you, even if the judge is fair and tries to help you out.
If you feel you have reached maximum medical improvement and don't anticipate any further treatment, I don't see any reason why you shouldn't settle. The CAT scan is iffy; you probably wouldn't have needed it if you hadn't been in the accident, but it was done as a precaution to you for a medical condition you had at the time (which was unrelated to the accident). I think you've done very well on your own from a settlement standpoint; they fixed your car, they paid for your medical bills, and they are offering you something on top of that.
The attorneys likely mean that the jury in your county is conservative and, if you go to court, you will probably not get anything more than what you are getting now. Even if they do offer more by way of settlement or the jury verdict is more, one-third of that (the standard contingency fee - could be slightly more or less in your area) will go to the attorneys, so would you really be better off? Plus the insurance company will likely ask for a reduction based on the fact that they paid your medical expenses; for instance, if they offered $10,000 but already paid $6,500, they will pay you only $3,500 - the difference between the two. And since they paid for your property damage...
I'd agree with the attorneys you consulted given what you've described; however, since they are not personal injury attorneys, you may want to find one in your area who offers a free consultation and speak to him/her about the fact situation.
2007-10-17 09:04:04 · answer #1 · answered by xK 7 · 1⤊ 0⤋
The reason why your case is weak is, most likely, the No-fault law in your state. In most states, unless the other driver was uninsured, you can't sue for pain and suffering unless you have a severe, serious or permanent injury. '
You have medical bills of $6500; add to that any lost wages, and you have your "specials," short for special damages. The usual rule of thumb is that general damages are equal to three times the specials, so I would come back to the insurer and demand $40,000 (twice the amount you wish), reminding the adjuster that you have almost $7000 in medical expenses plus lost wages and weather-related discomfort that will prevent you (sob) from ever skiing again.
Expect to pull a whole lot more than $1900. However, these cases are tricky and I would not recommend trying the case yourself. Tell the lawyer that the insurer is already offering money for pain & suffering, so this is low-lying fruit, easy quick money, and watch him salivate :-)
2007-10-17 09:39:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In general, personal injury cases settle for 3 times that amount of the medical bills. Therefore, you case should be worth $19,500. I am surprised that you can't find an attorney to take you case because I and many other attorneys that I know will take a personal injury case that is worth far less than yours. I would suggest calling your local or state bar association referral office and get the names of some more personal injury attorneys in your area. You will find one to take this case. In fact, you should have done this from the beginning. A person should NEVER try to negotiate a personal injury case with the insurance company by themselves.
2007-10-17 08:35:20 · answer #3 · answered by . 3 · 0⤊ 0⤋
It may not 'affect the other driver' but a scumbag lawyer is also going to get 40% of whatever settlement you get awarded and next year when everyone starts bitching about their insurance rates, we'll have no one to blame but the scumbag lawyers and their over-the-top settlements. As for a 'fair' amount, only you can decide that
2016-05-23 04:39:05 · answer #4 · answered by ? 3 · 0⤊ 0⤋
You are not greedy. It is the insurance company's job to deny your claim or negotiate it down. I would self-represent if you can't find a lawyer, but sometimes you just have to call around and find a lawyer that is interested in your case. Also don't give the insurance company a statement until you have a lawyer.
2007-10-17 08:33:57 · answer #5 · answered by krashkey 1 · 0⤊ 0⤋
Read this and then give them a call: http://en.wikipedia.org/wiki/Eggshell_skull
They are liable for all medical expenses resulting from your accident. The doctor felt that your spleen was in danger because of a combination of the mono and the accident.
2007-10-17 08:31:11 · answer #6 · answered by davidmi711 7 · 0⤊ 0⤋
Hard to believe you can't find an attorney. I would keep trying.
Do not settle, at least until medical care is complete... as long as you have pain/symptoms, you will continue care. They know this and want to settle quick.
2007-10-17 08:30:28 · answer #7 · answered by trooper3316 7 · 0⤊ 0⤋