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  #1  
Old 01-26-2005, 05:16 PM
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Join Date: Jan 2005
Posts: 5

settlement offered what's fair


What is the name of your state? Wisonsin.

In June of 2004 I was on Interstate 94 stopped in traffic because of heavy merging traffic coming from a busy tourist area. As a result a large SUV not paying attention to the stopped traffic slammed into me causing a major chain reaction with vehicles in front of me.

The force of the impact snapped both my seats back giving me neck pain and bouts of amnesia and did not know much about what happened until the state patrol officer came to get my side of the accident while I was in the emergency room.

As a result of accident my car was totaled and I have been reimbursed 3000 which was fair market value, car had been paid off. Driver of other vehicle was cited for violation and his insurance company has paid for all medical bills as well.

I had been seeing a nuerosurgeon because accident caused two herniated discs in my cervical area. Treatment initially was at home traction device, at home physical therapy and medications. No surgery had been required as I feel at this point the pain I have is something I can deal with without surgery.
My doctor thus has signed off on this and the insurance company now wishes to offer a settlement for pain and suffering. My question now is what is fair?
What should be an acceptable offer at this time since I can work just fine and have some minor day to day pain to deal with? Doctor told nurse to list me with a 2% disability. Would an attorney be more helpful in this case? Thanks.

Last edited by badger1; 01-27-2005 at 08:18 AM. Reason: updating
  #2  
Old 01-27-2005, 06:42 AM
Senior Member
 
Join Date: Sep 2004
Posts: 1,923
There are no fixed amounts for pain and suffering, and nobody can tell you how much to expect. Contacting an attorney will help you zero. So what are they offering you?
  #3  
Old 01-27-2005, 08:56 AM
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Join Date: Dec 2004
Location: KY
Posts: 626
Quote: "I had been seeing a nuerosurgeon because accident caused two herniated discs in my cervical area. Treatment initially was at home traction device, at home physical therapy and medications. No surgery had been required as I feel at this point the pain I have is something I can deal with without surgery.
My doctor thus has signed off on this and the insurance company now wishes to offer a settlement for pain and suffering. My question now is what is fair?
What should be an acceptable offer at this time since I can work just fine and have some minor day to day pain to deal with? Doctor told nurse to list me with a 2% disability. Would an attorney be more helpful in this case? Thanks."

This is exactly what to do when you are injured. You saw a neurologist, went to physical therapy. This is the best way to get better. You are definitely entitled to pain and suffering as well as your meds being paid. Unfortunately it's hard to say what you are entitled to w/o reviewing your current meds, medical history, background checks, etc.

You can get a lawyer but I would wait and see what they offer you first, then if you aren't happy w/ the offer you may want to seek out a reputable PI atty. Just to let you know they will take 1/3 of the overall settlement. So take this into consideration when you decide if you want to take their offer. Haggle w/ them a little, you might be able to get more just by asking yourself.
Good luck, and stay diligent in your therapy, it will make a world of difference on you getting better, which is the important thing here.
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