need advice on auto/accident claim

[autoTex]

What is the name of your state? Texas, Houston

I was involved in a read end collision in October of 2000. The
at fault insurance company said they would pay 2xmedical +
pain/suffering. To date,I have just over 16,000 in medical bills.
How do I calculate pain/suffering??

I have seen several doctors for lower back, upper shoulders and
neck pains. Only recently have I felt like I am improving; but
I still do not even feel close to halfway normal physicaly.
The only doctor to make a statement to an ailment said it was
tendoniatize. The pain comes and goes based on activity and I
must always be aware of that; ie no fast movements, reduced
activity.

Also, can I claim loss of wages? and schooling?
I was making a little over $100/day doing contract work. I
spent $7,000(before the accident) for MCSE courses relating
to my field of work. I could not finish my testing and now
those certifications are no longer valid. I have no paper
work and the company is no longer in business or re-organized.

I contacted three local lawyers that I saw on TV(oh boy). Each
would not take my case and I can only assume that the monetary
amount would be to low for them. They each refered me to a
referal service for lawyers.

Any suggestions would be appreciated.Thanks

 

[stephenk]

there must be something you are leaving out about the accident or your injuries. I cant believe you have $16K in medical bills and 3 plaintiff attorneys turned down your case. What was the exact reason they said they did not want to take your case?

 

[autoTex]

At the time of inquiry with the lawyers the total medical amount was around 5k. They gave no specific reason except to say that they couldnt help me at this time. Only recently has the medical expense jumped to the 16k.

 

[ProResearch]

Umm... using TV advertised lawyers is something *I* wouldn't do in a bazillion years...lol If you need a referral, call your local bar association (use the yellow pages), use this web site in looking for referral or try the Association of Trial Lawyers of America at www.atla.org. A PI attorney should be experienced in settlement AND trial issues should the case fail to settle and a lawsuit has to be filed. Generally, speaking even when a lawsuit is filed you will settle before the court hearing.

Your pain and suffering are *personal* and you should probably figure something around the amount of your medicals I would say. So if that insurance company says it will pay 16K x 2 for medicals, I am thinking they are including pain and suffering already. But if not, then 16K x 3 might be reasonable. If you would be willing to settle for that, you must ask for a bit more to leave room for negotiation.

There is no formula but if you look at enough sites on the web, some will say it's 1.5 x up to 5 x your medicals for non-life threatening injuries and a lot more if the injury was life threatening or if death occurs (10 x medicals or more). Other web sites will say for every month you are in treatment or under a doctor's care, you could get $2,000 for each month for *pain and suffering*.

I received a bit more than 2x my medicals when I recently settled. I had non-life threatening injuries, and I was under a doctor's care for 8 months. I did ask for 3.5 x my medicals but that was under the advice of an attorney. I knew I wouldn't get that amount. The at-fault insurance company knew they wouldn't give that amount either. They know about what such cases are worth based in the county and state just as an attorney can choose to know this.

I work for a law firm and one of the attorneys kindly had the Law Library run a verdicts and settlements report for me in our county. That, and the advice of the attorney I consulted with, helped me get my figure and helped me negotiate the final amount so that I could accept their offer and live with my decision and........ go on with my life (even though I am like you, I have to watch that I don't make sudden movements and I can no longer sit for LONG periods of time like I did before the car wreck).

Try the attorney route again as suggested above. Talk to him/her about the Lost Wages, etc. With the kind of money you are talking about -- say $50K or more-- you definitely will want one in your corner or you will be shortchanged, and you will not feel very good about the settlement. Of course, there are so many factors involved and that is why most people will not give you a figure on the Internet You also have to be concerned about the other driver's policy limits.

Let us know how you fair.... and hope you have a full recovery soon!

 

[ProResearch]

Claims against settlement

And oh ... I forgot to mention, you have to consider monies you may have to pay out of your settlement too.

I had to pay my health insurance back (per the policy and most health insurance policies have the right to subrogation or getting their money back from any third-party claims). I also had to pay one medical provider that kindly waited until settlement (it was for an electrical stimulation unit (not TENS) that I used for 5 months), and of course if you have an attorney you will have his fee and perhaps other costs too.

Just something to keep in mind when figuring a settlement amount you can live with

 

[caroline anne]

GOOD LUCK....

when you decide what your going to say for your settlement at first please post any negotations they make with you...

im in a similar accident,,,,, i need help too.


please post what happened and your out come... pleeeeeaaaasssseeeeee?????

thanks so much!!!!!!

 

[caroline anne]

TEX

hey tex just checking your case and see how your outcome was and see if you have any advise??? thank you for your time..


caroline anne

thanks so much!!!!!!!!!1

 

[caroline anne]

tex u there?

 

[autoTex]

still waiting on insurance to make an offer....
supposedly itsSTILL under review

Most likely I'll know something around the end of this month.

 

[caroline anne]

keep in contact

if you dont mind helping me .... i know when most people are done they proably dont come back here... but if you have any advice and an outcome will you please keep me posted ...
thank you...
your time will be helpful