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H

Haley3

Guest
I was involved in an auto accident on October 4, 1999. I was traveling south in the left hand lane of a three lane city road. A van was ahead of me in the right hand lane approx 1/2 mile when he hit his brakes and turned left across all three lanes. I could not avoid broadsiding his van. I was traveling
the speed limit at the time (45mph)

I was wearing my seat belt & my air bag deployed, however I still experienced whiplash, and my head grazed the steering wheel right before the air bag deployed. My arms were also bruised from the air bag deployment.

After the impact my car drifted across all three lanes and ended up in the far right lane where it went up on the curb and stopped. The Police and an ambulance came shortly after the accident. I did not
take the ambulance to the hospital at that time. THe man (he is a lawyer/mediator by the way) who caused the accident did not take an ambulance either - he did not have any injuries. His van had some moderate damage to the rear left side (drivers side). He admitted more than once that it was his fault.

My car was totalled. I had a 1992 Dodge Shadow with ONE payment left to go! It was in good condition but had over 100,000 miles on it. So I received the blue book value (approx $2300.00) (I purchased a 1999 Dodge Shadow to replace my totalled vehicle and now I have 5yrs of payments!

The man who caused the accident was issued two tickets: 1 for violating my right of way and 1 for
illegal turn.

Due to increasing neck pain and back soreness, I went to the hospital later that day (approx 2pm)
and was given full body x rays (which were negative) and two prescriptions for OTC pain medicine
and muscle relaxer.

I went to a lawyer the next day for a free consultation and he recommended a neurologist that I
should see for physical therapy and treatment for my neck and back pain. I did not accept said
lawyers services (it was merely a consultation)

I began treatment with the doctor on October 14 and I was released March 6, 2000. The doctor said
that I have 6% MMI (impairment) as a result of the accident. "Normal people" are at 100%, I am at
94% as a result of the accident. Back and neck soreness still remains from the accident...

My medical bills out-of-pocket amount to approx $5000.00.

I have never been in an accident before and I have NO CLUE how much I should ask for as a
settlement??

COuld someone please give me a ballpark figure based on the information that I have given??

Thank you soo much for your help!!
 


L

lars coltrane

Guest
Would you step into a ring to fight Mike Tyson? How about facing a Nolar Ryan fastball (though I really should be saying Pedro Martinez - is he great or what). Of course not. So why do you want to try to settle your claim with the insurance without a lawyer representing you? Think you can save a few bucks. Penny wise and pound foolish. Without reading all the medical reports and records, no one should be giving you a recommendation. For all you know, you may be entitled to more.
 
H

Haley3

Guest
Dear Lars,

Since I did not sustain any serious injuries, I know for a FACT that I will NOT receive a large settlement, that is why I do not have a lawyer.

IF, when I settle this claim and the insurance company gives me a paltry amount - I will then hire a lawyer!!

ALL I am asking is that someone please give me a ballpark figure based on the information that I have given. I would really aprreciate some help and not criticism.

Thank you!
 
L

lars coltrane

Guest
I don't mean to be critical, but, here is the problem. If you settle the claim, its done and over. You cannot then go to a lawyer. If you make a demand, the insurance adjuster will assume that the case will never settle for an amount above the number, even if you do get a lawyer later.

My thought, take your case to local counsel and discuss it. You would be surprised to find out that most lawyers are good folks interested in helping victims like yourself. Be up front, ask the lawyer if it is worth their time or should you try to settle it on your own. If they say settle on your own, I bet they will be happy to give you recommendations on what you can do to maximize the settlement.

 
H

Haley3

Guest
Is there anyone out there who could give me an approximate amount that I should ask for?
ANYONE AT ALL?

Please!?!? all I'm asking for is that someone please review the information above and give me a good idea what to ask for???

I thought this site was called "FREE ADVICE???" I dont want to go to a lawyer right now, I just need some Free Advice...

Please someone help me????
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
Is there anyone out there who could give me an approximate amount that I should ask for?
ANYONE AT ALL?

Please!?!? all I'm asking for is that someone please review the information above and give me a good idea what to ask for???

I thought this site was called "FREE ADVICE???" I dont want to go to a lawyer right now, I just need some Free Advice...

Please someone help me????
<HR></BLOCKQUOTE>


My response:

Okay, you want "free advice." Your case is worth between $100,000.00 and $500,000.00. Is that what you want to read? When the insurance company fails to pay you, however, because despite the "value" of your case it's worth defending a lawsuit (it'll cost them upwards of $20,000.00 to defend) then what will you do? You received very good "free advice" from Mr. Coltrane, but you insist on "doing this yourself." But, when it comes time that you will need an attorney, you will have already given out too much information, and perhaps, ruined your case to a point where an attorney will not take your case. Insurance company adjusters are very good at what they do; they know the law, know what questions to ask, and know how to "stranglehold" claimants, without claimants even knowing what has happened. You, on the other hand, have no idea really what's right, or wrong, with a particular method, or what to do next. For example, I'll bet you've already given a recorded statement, didn't you? All you're doing is "following the insurance adjuster's lead" and that's exactly what they want you to do. You have a fool for a client. Guess who that is?

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
H

Haley3

Guest
Dear Lars and Liable,

How can both of you be soo insensitive??

I am just asking a very simple question regarding my case and I'm being raked over the coals!

I don't deserve this - how would you feel?

Obviously I lack the wealth of knowledge that both of you possess, that is why I'm asking for help for goodness sakes!

Have some compassion! Please dont berate me!

Please HELP me....
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
Dear Lars and Liable,

How can both of you be soo insensitive??

I am just asking a very simple question regarding my case and I'm being raked over the coals!

I don't deserve this - how would you feel?

Obviously I lack the wealth of knowledge that both of you possess, that is why I'm asking for help for goodness sakes!

Have some compassion! Please dont berate me!

Please HELP me....
<HR></BLOCKQUOTE>


Please . . . get a grip on reality. We're only trying to help guide you by making you see the folly of what you're doing to yourself. You have a good case, but we have been around the block a few times enough to know you could, in fact, kill your claim. Why can't you read the good we're trying to do for you? Read between the lines, or read the reality of what we're saying to you. Obviously, you've never encounted a claim on your own, and are not practiced in the law. If you're not a car mechanic, why would you want to rebuild your own engine, if that car was your livlihood? If you make a mistake, your car could be worthless.
This is not a coddling bulletin board; we are not "Dear Abby." We will give you good, clear, concise, AND "tell it like it is" help. But, if you insist on doing this by yourself - even if you have no knowledge of what you are doing to yourself, well, there's not much we can do, is there? But, you don't seem to get "the hint."

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
H

Haley3

Guest
I have yet to get any "clear and concise" advice from either of you, beyond "get a lawyer"

I was told, in no uncertain terms, that I am a "fool" (even Dear Abby wouldn't call someone a fool!) I NEVER asked to be coddled, I simply asked for a realistic quote on what I could expect to receive as a settlement amount....

I guess I can only hope that someone other than Lars and Liable will read my posting and help me........

 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
I have yet to get any "clear and concise" advice from either of you, beyond "get a lawyer"

I was told, in no uncertain terms, that I am a "fool" (even Dear Abby wouldn't call someone a fool!) I NEVER asked to be coddled, I simply asked for a realistic quote on what I could expect to receive as a settlement amount....

I guess I can only hope that someone other than Lars and Liable will read my posting and help me........

<HR></BLOCKQUOTE>

That's it. From now on, I refuse to answer questions if it sounds like a woman is doing the asking. I cannot contend with a woman's "emotions" when it comes to legal matters because you can't fight "emotions." There's too much: "Have some compassion" and "I need sensitivity." Oh please, we're talking about helping you, we're talking about the realities of "claims adjusting" and you want to talk about "sensitivity"? We're talking about dollars and sense (that spelling) and you want to discuss "compassion." Haley, we're talking about THE LAW and your lack of knowledge.
The adjuster and opposing counsel will not treat you with "sensitivity" or "compassion" when it comes time to settle. It's not their job. Their job is to save as much of "their" money as possible and they do not care for you one iota. You are a threat to them. You want to take their money. They will do whatever they can to make your claim as worthless as possible. They love claimants who represent themselves. Why am I going on about this?
Good luck, anyway.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
L

lars coltrane

Guest
You are taking this wrong, which is part of the problem. There is no such thing as a formula; there is not easy, short answer. In the old days, you could say that a simple case would settle for 3x's medical bills, but good lawyers always got more. So what can we tell you: you still have pain and we don't know how long that is going to last; we don't know what your x-rays showed or if you had an MRI; we don't know if your doctor is an internist, an ortho or otherwise. There is more that we don't know than we do know. Therefore, rather than give you terrible advice, the best advice we can give you is to see a lawyer. We have tried to explain how important it is to you, but you want a simple answer. There is none. So be offended, be insulted, calls us jerks, whatever. Its your case and your life. I can give advice and guess what, I am not insulted if you ignore it.
 
I

Infertile_In_Indiana

Guest
Haley, here is what I think. I think, after reading your original post, that you NEED to TALK TO A LAWYER!

A friend of mine was in a terrible accident. She was hit head on by an empty coal truck (semi). She broke her leg (well, beyond broke..her bone was protruding through her shin!). She had surgery to repair it, and her hospital bills alone were well over $20,000. She decided that she didn't need a lawyer, too, because it was "his fault" and he couldn't deny it. Well, she ended up getting $42,758 out of the deal. Sevral months later, she happened to meet a lawyer friend of her husbands family, and he told her that had she gotten a lawyer, she probably could have gotten at least a $250,000 settlement!

My advice, and it's definitely free...GET A LAWYER!
 
H

Haley3

Guest
ok, ok, ok!

I DID have X-Rays and they were negative (as I mentioned in my original posting!) I had an MRI and that was also negative....
I did NOT break any bones (as I mentioned in my original posting!)

I KNOW that I will not receive anything over $20,000 dollars because my accident was not as serious as Indiana's friend!

That is what I have been trying to get across to all of you since the beginning! I do NOT want to hire a lawyer because I will be getting a small settlement and I dont want the lawyer to take 33% or more of a small settlement!! Don't you guys understand that?

ALL I WAS ASKING WAS IF SOMEONE COULD GIVE ME A GOOD IDEA OF WHAT I SHOULD ASK FOR????

oh, just forget it...
this is my last posting.

 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
ok, ok, ok!

I DID have X-Rays and they were negative (as I mentioned in my original posting!) I had an MRI and that was also negative....
I did NOT break any bones (as I mentioned in my original posting!)

I KNOW that I will not receive anything over $20,000 dollars because my accident was not as serious as Indiana's friend!

That is what I have been trying to get across to all of you since the beginning! I do NOT want to hire a lawyer because I will be getting a small settlement and I dont want the lawyer to take 33% or more of a small settlement!! Don't you guys understand that?

ALL I WAS ASKING WAS IF SOMEONE COULD GIVE ME A GOOD IDEA OF WHAT I SHOULD ASK FOR????

oh, just forget it...
this is my last posting.

<HR></BLOCKQUOTE>


My response:

You said in your first post that:
"My medical bills out-of-pocket amount to approx $5000.00" . . . and then you say in your "last posting" that: "I KNOW that I will not receive anything over $20,000 . . ."

Anything "over" $20,000"? You'd be lucky to be offered half of that amount !! With the medical specials, the conditions you have described, and then, on top of that, doing this whole thing on your own, I predict this matter is headed for litigation. But, now the truth comes out. Haley doesn't want to hire an attorney because she'll have to pay that attorney. Well, guess what Haley? You're going to wind up paying a 33 to 40% fee, and more anyway, because your case will not settle for what you "think" it's worth, or even near what you "think," and you'll need to hire an attorney anyway for the litigation. Oh well, don't say we didn't try to tell you so. But, you're right about one thing: You really "don't have A CLUE" about matters such as this.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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