Settlement Question

[Ms_Craft]

What is the name of your state? GA

My 3 year old daughter was involved in a auto accident with my sister on 11/16/05. My daughter was in the back seat and they were rear ended. My sister's jeep was totaled.To make a long story short. My daugter was seen in the ER on 11/16/05 and 11/17/05 with medical bills totalling 2000.00. The at fault driver has liability insurance coverage only. I'm not sure how much coverage. Anyway, the insurance adjuster advised me today that he will look over my daughter medical bills and offer a settlement tomorrow. My question is, what is considered a fair settlement? She didn't have major injuries only soreness for a couple of days and of course nightmares for over a week.

Originally Posted by Ms_Craft

What is the name of your state? GA

My 3 year old daughter was involved in a auto accident with my sister on 11/16/05. My daughter was in the back seat and they were rear ended. My sister's jeep was totaled.To make a long story short. My daugter was seen in the ER on 11/16/05 and 11/17/05 with medical bills totalling 2000.00. The at fault driver has liability insurance coverage only. I'm not sure how much coverage. Anyway, the insurance adjuster advised me today that he will look over my daughter medical bills and offer a settlement tomorrow. My question is, what is considered a fair settlement? She didn't have major injuries only soreness for a couple of days and of course nightmares for over a week.

It has only been a month since the accident. Pain and suffering compensation is something that only you can determine. Some people say 3x actual damages, some people say 3-5x actual damages. Who knows? There is no fixed figure or formula to calculate this.

Remember though that once you reach and agreement on a settlement figure and you sign off releasing the other party of any further liability...you can't go back and get more $$$ if any medical problems arise in the future for your daughter.

Sounds like their insurance co. is acting pretty quickly to get this over with?

Glad to hear that with the vehicle being totaled,... your daughter had no major injuries!

Maybe someone else here will give you a $$$ figure and an exact answer to your question.

Best of luck!

[shortbus]

Get a lawyer!! Negotiating with the ins co directly just means you will get the lowball offer....

Originally Posted by shortbus

Get a lawyer!! Negotiating with the ins co directly just means you will get the lowball offer....

That was actually my opinion on another thread, but I immediately got slammed for suggesting an attorney from two of my "fans" on this site!

OP: I agree...I think this is a great suggestion from shortbus!

[stephenk]

No attorney will take your daughter's case because her settlement value is too low.

If all she has are the ER bills of $2000 and no diagnosed injury (just soreness), don't be angry if the offer is $2000 for the bills and maybe a $1000 for pain and suffering, if that.

She was in a car seat, right?

[MandyD]

Originally Posted by shellandty

That was actually my opinion on another thread, but I immediately got slammed for suggesting an attorney from two of my "fans" on this site!

OP: I agree...I think this is a great suggestion from shortbus!

That's not quite true shellanty. You weren't slammed at all and you know it. I simply disagreed with you. Why did I disagree with you? Because the OP of that thread said nothing about negotiating with the insurance company. She only wanted to know if it was ok for her to give the insurance company her medical bills and proof of lost time from work. To even suggest she have a lawyer do that for her was irresponsible. Giving that information to the insurance company is necessary and there was no reason, AT THAT POINT, for her to hire an attorney. Geeze, some posters are so paranoid.

[InsuranceLadyAZ]

To add to what Mandy said, an attorney isn't needed in EVERY SINGLE car accident case. As Stephenk pointed out, the values of this case are too low. My problem with you, shellandty, is that you seem to advocate hiring an attorney for every accident, which is not always the appropriate advice. As you've spent more time on this forum, you seem to have gleaned some knowledge, and I'm happy about that. I have actually agreed with you on several posts and have said so. However, I do not agree with you here.

I'm a firm believer in giving the insurance carrier a chance to do the right thing. If they do, fine. Why give 30-40% of your settlement to a lawyer? If they don't and you're not satisfied with the offer or they're taking too long to handle your claim, then seek legal counsel. I know it's a crazy concept, but sometimes it actually works.

Originally Posted by MandyD

That's not quite true shellanty. You weren't slammed at all and you know it. I simply disagreed with you. Why did I disagree with you? Because the OP of that thread said nothing about negotiating with the insurance company. She only wanted to know if it was ok for her to give the insurance company her medical bills and proof of lost time from work. To even suggest she have a lawyer do that for her was irresponsible. Giving that information to the insurance company is necessary and there was no reason, AT THAT POINT, for her to hire an attorney. Geeze, some posters are so paranoid.

Good morning MandyD: I see you have tracked me down yet again!!!...which has proven my point with nothing else needed to be said! I mentioned NO names in my previous post on this thread (that I will now copy below)

That was actually my opinion on another thread, but I immediately got slammed for suggesting an attorney from two of my "fans" on this site

How did you know that I was even speaking of you???? Now who's paranoid???

Good day to you!

[MandyD]

Tracked you down???? Talk about paranoia. LOL.

Originally Posted by MandyD

Tracked you down???? Talk about paranoia. LOL.

I have put you on my "ignore list"...please feel free to do the same!

[MandyD]

Originally Posted by shellandty

I have put you on my "ignore list"...please feel free to do the same!

WooHoo! Good. However, I won't be doing the same. The next time you imply you're a lawyer, I want to be here to clear up any misunderstandings.

Originally Posted by InsuranceLadyAZ

To add to what Mandy said, an attorney isn't needed in EVERY SINGLE car accident case. As Stephenk pointed out, the values of this case are too low. My problem with you, shellandty, is that you seem to advocate hiring an attorney for every accident, which is not always the appropriate advice. As you've spent more time on this forum, you seem to have gleaned some knowledge, and I'm happy about that. I have actually agreed with you on several posts and have said so. However, I do not agree with you here.

I'm a firm believer in giving the insurance carrier a chance to do the right thing. If they do, fine. Why give 30-40% of your settlement to a lawyer? If they don't and you're not satisfied with the offer or they're taking too long to handle your claim, then seek legal counsel. I know it's a crazy concept, but sometimes it actually works.

I guess I agree with you on some of your points. However... I unfortunately have had my own personal experiences with insurance co's regarding property damage and personal injury. I have also found that when a Poster is the victim of an accident and comes here for advice, I don't want them to also end up being a victim of the insurance Co. and get the short end of the stick.

Property damage is always pretty much a "no brainer" damage $$$ are what they are!... (usually).

Personal injury, on the other hand, can very quickly and easily become a tangled mess and a case of "he said...she said" between the injured party and the Ins. Co. PI attorney's usually give (at minimum) a free initial phone consultation. I see no harm to posters by advising legal help when it comes to personal injury. There are usually way to many variables to consider for the OP to get a "concrete" answer on here. It is impossible for them to list and/or explain all of the details, especially about a monetary settlement.

I do often interchange the words hire, get, talk to, etc., which I could be more careful of.

In the end...If it costs nothing to merely get an initial consult/advice from a local attorney...then what is the harm?

One more thing...I am more sensative to personal injury due to the fact I (am currently suffering myself from a severe accident from 1 year ago, and I have a fairly extensive medical background. I know for a fact that an injury, that may seem fairly straight forward at first can easily end up being more involved/complicated, than someone might normally expect, over time.

No harm meant!

Originally Posted by Ms_Craft

What is the name of your state? GA

My 3 year old daughter was involved in a auto accident with my sister on 11/16/05. My daughter was in the back seat and they were rear ended. My sister's jeep was totaled.To make a long story short. My daugter was seen in the ER on 11/16/05 and 11/17/05 with medical bills totalling 2000.00. The at fault driver has liability insurance coverage only. I'm not sure how much coverage. Anyway, the insurance adjuster advised me today that he will look over my daughter medical bills and offer a settlement tomorrow. My question is, what is considered a fair settlement? She didn't have major injuries only soreness for a couple of days and of course nightmares for over a week.

I read the replies here and only 2 people advised you correctly..You definately need representation. You're daughters injuries may seem minor and the Ins. Co. wants you to settle and move on..You nor the Ins.Co. nor anyone here could tell you the extent of her injuries or if she will or will not have any symptoms or pains in the days or months to come.
The adjuster of the Ins. Co. is not on your side, their only concern is to settle with as little money as possible, close the case, & move on. If you retain an attorney, he/she will obtain on going med. observations and check ups for an extended period of time.
Unfortunately some injuries won't show their extent for months & if you have settled, you have no recourse.

[john123456]

Originally Posted by Trucking Mad

I read the replies here and only 2 people advised you correctly..You definately need representation. You're daughters injuries may seem minor and the Ins. Co. wants you to settle and move on..You nor the Ins.Co. nor anyone here could tell you the extent of her injuries or if she will or will not have any symptoms or pains in the days or months to come.
The adjuster of the Ins. Co. is not on your side, their only concern is to settle with as little money as possible, close the case, & move on. If you retain an attorney, he/she will obtain on going med. observations and check ups for an extended period of time.
Unfortunately some injuries won't show their extent for months & if you have settled, you have no recourse.

Trucking Mad:

I am curious. How long have you been practicing law?

[weenor]

Each of the posters have points. . .

Yes, for the most part a competent attorney will help protect your rights because his/her fee is dependent on your settlement/verdict amount.

Yes- in Georgia the going rate is 40% of any amount you receive. So, if a lawyer can get you 40% more than you would have otherwise gotten, then go for it. Settlement value will depend on recent jury awards in similar cases in your jurisdiction and an attorney can best advise you on that. Please note that in Alabama the value of a case changes dramatically depending on the county where the accident occurred.

Yes- often injuries can occur months down the road and if you settle now your are doing your child a disservice. I have seen far too many people settle early on only to discover a medical problem later that was attributable to the accident.

It is best to wait- HOWEVER, YOU MUST CHECK ON THE STATUTE OF LIMITATION for Georgia (I believe it may 3 years but CHECK). If suit is not filed within the applicable statutory period, you will be entitled to nothing.