Personal Injury Settlement

[melty42]

What is the name of your state (only U.S. law)? California

I was the passenger in a car (my car) and we were rear ended at freeway speeds. The Highway patrol determined that the man that hit me was at fault and not paying attention to the stopped traffic, he never slowed down. He was also determined to be driving without a license and his car was impounded at the scene.

My injuries were not "major" by any means, but they were pretty consistent for the following 4 months. I had neck, back and shoulder pain that made it hard to sleep, and painful after a day of working on the computer. I missed a weeks worth of work, and my final medical bills totaled $2,400.00.

The insurance company offered me $4,000, which I would have to use to pay my medical bills and compensate for a weeks work of work (40 hrs @$18 and hour.) That would leave $900.00 for pain and suffering.

I feel that this is too low. I just wanted some advise. I don't want to be greedy, but I feel that 4 months of soreness and discomfort is worth more than that. What does everybody think? Is it worth hiring a lawyer? Since I have declined their initial offer, what should my next step be? I'd appreciate any advise that you can give me. Thank you

 

[ecmst12]

Was the week you were out of work paid time off or unpaid?

 

[melty42]

It was unpaid...

 

[ecmst12]

Then your lost wages should be a separate calculation and not lumped in with your pain and suffering. Did you submit pay stubs etc?

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

I was the passenger in a car (my car) and we were rear ended at freeway speeds. The Highway patrol determined that the man that hit me was at fault and not paying attention to the stopped traffic, he never slowed down. He was also determined to be driving without a license and his car was impounded at the scene.

My injuries were not "major" by any means, but they were pretty consistent for the following 4 months. I had neck, back and shoulder pain that made it hard to sleep, and painful after a day of working on the computer. I missed a weeks worth of work, and my final medical bills totaled $2,400.00.

The insurance company offered me $4,000, which I would have to use to pay my medical bills and compensate for a weeks work of work (40 hrs @$18 and hour.) That would leave $900.00 for pain and suffering.

I feel that this is too low. I just wanted some advise. I don't want to be greedy, but I feel that 4 months of soreness and discomfort is worth more than that. What does everybody think? Is it worth hiring a lawyer? Since I have declined their initial offer, what should my next step be? I'd appreciate any advise that you can give me. Thank you

**A: ask for $6K.

 

[melty42]

Then your lost wages should be a separate calculation and not lumped in with your pain and suffering. Did you submit pay stubs etc?

I did submit pay stubs, and the doctor's notes stating that I needed to be off work for a week.

Thank you for you help

 

[PI Defender]

What does everybody think? Is it worth hiring a lawyer? Since I have declined their initial offer, what should my next step be? I'd appreciate any advise that you can give me. Thank you

it is worth hiring a lawyer when you feel it is. do not let others tell you otherwise. you try to call them and negotiate. if they can't offer you something that you feel is sufficient, then it is time to look for a lawyer who specializes on personal injury cases. an attorney will be able to help you know your options.

 

[stephenk]

go to small claims court. The limit is $7500 and no lawyers are allowed. Depending on the county where you live you may be able to file your paperwork online.