Fair settlement?

[Dwain]

What is the name of your state?What is the name of your state?Ohio
I was in an accident about 7 weeks ago in my truck. I just now have gotten the truck fixed and will probably pick it up tomorrow. I have severe whiplash and also bad back problems since the accident. 6 weeks of therapy has not helped but with the wife walking out on me i need to settle or go bankrupt before i see any money. Anyway i think i'll be ok but i need to know how much to settle for. My wages lost are over $ 15,000.00 and the therapy costs and DR costs so far are about $4500.00. I will have had 12 therapy sessions so far and after talking with the adjuster he has agreed to build more therapy costs into the settlement.I'm thinking about making them figure in 12 more therapy sessions. I figure the cost of medical bills x 2 plus with lost wages it would be about $40,000. After getting on the internet it seems like mosts cases with severe whiplash take 4-6 months to heal and sometimes longer. Am i in the ballpark with my figures and do you think i would have any trouble collecting that amount. They indicated they wanted to try to settle without a lawyer, but i have done my homework and will know a lowball figure if they give me one. I know everybody is gonna scream get a lawyer and i will if they aren't fair to me but i guess i'm asking if the amount i'm seeking seems fair?

Thanks

 

[JETX]

i guess i'm asking if the amount i'm seeking seems fair?

Due to the increasing numbers of questions like this, we have created a website that offers very quick interactive responses.
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[jpritchett81]

Due to the increasing numbers of questions like this, we have created a website that offers very quick interactive responses.
Please ask your question(s) HERE

"My sources say no"

 

[dallas702]

Dwain;

I know this is a tough call, but cases like this are why PI lawyers exist. You can get an interview/consult with a couple of PI specialists for free or very cheap. They can give you a rough idea what to expect, but without knowing how long you will actually have pain or limitations requiring treatment it's very hard.

Your problem is going to be with your diagnosis. Whiplash is a very subjective injury. There's not a chiro in the country who won't diagnose soft tissue trauma and then start a plethora of treatments...many of which will do more damage than good. Most ST injuries heal well by themselves. Many manipulative treatments actually prolong the pain and inflammation. If the insurance company has been cooperative so far I'd see if you can do some upward negotiating. You haven't mentioned "pain and suffering", which in your case could easily be $10K.

But, there are other considerations. How much damage was done to the truck? What kind of seats does your truck have? Most vehicles built in the last 20 years have high back seats with head restraints. It's hard to get a true whiplash since the seat stops the motion of the head and neck before it bends backward. Insurance companies recognize this and will only give so much for treatment.

Your lost wages are 100% compensable as long as your doctor supports your inability to work, and the insurance company doesn't investigate your other activities. Don't ask for more than what you should have here. A lot depends on your job/type of work. You seem to be in the ballpark.

BTW: there are PILs who charge less than the "standard" 30% contingency...some as low as 15-20% if the case isn't too complex. See what you can negotiate if necessary.

 

[panzertanker]

Am i in the ballpark with my figures and do you think i would have any trouble collecting that amount.

Ballpark? Guess so, but ask the Eight ball...
Collecting? If they agree to the amount, then no, you will have trouble collecting that amount.

They indicated they wanted to try to settle without a lawyer,

Of course they did!!! It is alot easier to get you to settle for less b/c you are not a lawyer, and will not be able to negotiate with as much savvy as a trained attorney...

I know everybody is gonna scream get a lawyer

At the top of our collective lungs, but you probably would not hear us anyway...

i guess i'm asking if the amount i'm seeking seems fair?

Thanks

We weren't injured, so what seems fair to us is irrelevant...

 

[Dwain]

Most vehicles built in the last 20 years have high back seats with head restraints. It's hard to get a true whiplash since the seat stops the motion of the head and neck before it bends backward. Insurance companies recognize this and will only give so much for treatment.

I explained to the insurance company in my statement that i was leaned forward as far as the seatbelt would allow because i was afraid i wasn't gonna get stopped when the person in front of me had stopped fast. I was leaning forward trying to see over the hood how much i missed the person in front of me not thinking about me being hit.

Your lost wages are 100% compensable as long as your doctor supports your inability to work, and the insurance company doesn't investigate your other activities. Don't ask for more than what you should have here. A lot depends on your job/type of work. You seem to be in the ballpark.

In this case the missed work is easy because my truck has been down since then getting fixed. I offered to drive a rental if they provided it but they never did.

BTW: there are PILs who charge less than the "standard" 30% contingency...some as low as 15-20% if the case isn't too complex. See what you can negotiate if necessary.

I may end up going that route and it will be my back pain that would keep me from being able to go back to work full time before it is my neck. My neck hurts but the back is what is really causing me my most pain. Thank you for your response.

 

[dallas702]

It's amazing how insurance companiies can be "penny wise and pound foolish". They should have replaced your truck with a rental immediately so you could try to continue your work. So, for the lack of a $75/day rental they will probably have to pay you 3X that.

One other thing to consider. A good PI attorney can certainly get you a larger settlement...even after his fees...but it will take much, much longer. Like I said, you should be able to get few free consults to get an idea where you stand.

 

[JETX]

It's amazing how insurance companiies can be "penny wise and pound foolish". They should have replaced your truck with a rental immediately so you could try to continue your work. So, for the lack of a $75/day rental they will probably have to pay you 3X that.

Why?? They aren't responsible for the work that the OP missed due to HIS failure to obtain transportation. He could have rented a vehicle out of his pocket, taken a cab, borrowed a friends vehicles, etc. (called 'mitigation of damages') to get to work, then added the cost to any settlement negotiations.

One other thing to consider. A good PI attorney can certainly get you a larger settlement...even after his fees...but it will take much, much longer. Like I said, you should be able to get few free consults to get an idea where you stand.

Again, not necessarily true. I have seen numerous (probably 25% or so) of relatively simple cases where the injured party 'brought home' LESS money due to bringing in an attorney. A simple $15k offer without an attorney is not going to get increased to $20k (to cover 33% fee) simply due to an attorneys involvement.

 

[Dwain]

Why?? They aren't responsible for the work that the OP missed due to HIS failure to obtain transportation. He could have rented a vehicle out of his pocket, taken a cab, borrowed a friends vehicles, etc. (called 'mitigation of damages') to get to work, then added the cost to any settlement negotiations.

I am a truck driver. It wasn't just a matter of someone driving me to work, it is my work.