Seeking Personal Injury Settlement Advice

[HoustonDriver]

Wife recently rear-ended in Houston; there is no question that the other party was at fault.

She was taken to the ER after the accident and has had back and neck pain ever since. We hope (and indications are good) that she has suffered no permanent damage. The other parties insurance adjuster is ready to talk about the personal injury settlement.

While we (honestly) have no desire to take advantage, we also don't want to act hastily and regret our settlement later. Should we wait awhile before discussing the settlement with the adjuster? While we have hears from various sources that these kind of "soft" injuries can come back to haunt you later, how long is "long enough" to make certain there are, indeed, no long term medical ramifications?

What are we entitled to in regards to the week of sick days she had to use from her job? Are we entitled to anything for the two vacation days that I used to stay with her after the accident (when her pain was at its worst)? What about factors such as "trauma?" I know it sounds cheesy, but she has honestly had trouble sleeping ever since the accident - keeps having bad dreams. Personally, I feel as though we should we compensated (she wouldn't be having these troubles if the other driver had been paying attention), but how does the law view it?

Any advice would be appreciated.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by HoustonDriver:
Wife recently rear-ended in Houston; there is no question that the other party was at fault.

She was taken to the ER after the accident and has had back and neck pain ever since. We hope (and indications are good) that she has suffered no permanent damage. The other parties insurance adjuster is ready to talk about the personal injury settlement.

While we (honestly) have no desire to take advantage, we also don't want to act hastily and regret our settlement later. Should we wait awhile before discussing the settlement with the adjuster? While we have hears from various sources that these kind of "soft" injuries can come back to haunt you later, how long is "long enough" to make certain there are, indeed, no long term medical ramifications?

What are we entitled to in regards to the week of sick days she had to use from her job? Are we entitled to anything for the two vacation days that I used to stay with her after the accident (when her pain was at its worst)? What about factors such as "trauma?" I know it sounds cheesy, but she has honestly had trouble sleeping ever since the accident - keeps having bad dreams. Personally, I feel as though we should we compensated (she wouldn't be having these troubles if the other driver had been paying attention), but how does the law view it?

Any advice would be appreciated.<HR></BLOCKQUOTE>

You need to consult with a personal injury attorney and have your attorney talk to the insurance people. You should not be talking to them directly and making any kind of settlement. Would you settle for $1000 or how about $2500? Sign a total Release and the check is yours. Your wife may have other injuries that could only be discovered via X-ray, cat scan or MRI. Soft tissue injuries are very difficult to ascertain, especially involving back and neck areas. Hopefully she will be ok, but if not, she may have to have PT, MD and/or Chiro treatments. What if these treatments are needed for 6 months or 1 year? Wlll the insurance pay for future expenses? No. In addition to physical problems, she may be experiencing post tramatic stress syndrome.

I am an attorney but do not specialize in personal injury law.
My knowledge in this type of case unfortunately comes from firsthand experience.

[This message has been edited by HomeGuru (edited October 23, 2000).]

 

[Marmie]

I too am going thru 2 personal injury claims. One with my daughter who was rear-ended while at a stop light. One for myself, I was rear-ended on the freeway when the traffic came to a stop. I recently purchased a book written by an attorney called "How to Win Your Personal Injury Claim by Attorney Joseph L. Matthews." In the book it says that you are entitled to all your medical expenses and loss of work expenses. In a nut shell it also say's that pain & suffering is calculated taking you medical expense and multiplying it by 1.5 to 5 (sometimes as high as 10) to determine and dollar amount. Keep in mind there are alot of variable to consider like continued pain, permanent disability and other value things. I recommend you purchase the book. It will reveal alot to you and also help you decide if you want to seek the legal advice of an attorney. Don't forget that you have a statue of limitations on any claim. You must settle or file a lawsuit within this statue of limitation or you can loose out on all compensation. In the book it says Texas is 2 years. Jusy so you know, I've decided to handle my daughters myself, but mine I am seeking the advice of an attorney. The deciding factor was the magnitude of the accidents.