How much compensation should I settle for in auto accident claim? Should I get a lawyer?
seattlegirl23 asked:
I was rear ended in an automobile accident over a year ago. My back hurt immediately. Over the past year, I have had over nine months of PT, 3 MRI’s (diagnosed disk bulging and ridging) and have had several steroid injections for pain. I am only 26 years old and am still in pain, a year+ later (mostly after basic activities, like mowing the lawn or carrying my son). I am still taking pain meds and inflammatories.
I consider myself to be fairly savvy and decided to pursue a claim with the insurance company myself. I collected all documentation (medical records, etc) and sent a demand letter. I had $20K in medical alone and $6K in missed wages. The fact of the matter is, I know I will need future treatment and I deserve to be compensated for this. The ins. co. offered me 40K. I feel thats way to low for how miserable I feel. Should I get a lawyer? I hate to think of paying them a third, when I’ve already done all the grunt work and am at the negotiation stage. HELP!
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I was rear ended in an automobile accident over a year ago. My back hurt immediately. Over the past year, I have had over nine months of PT, 3 MRI’s (diagnosed disk bulging and ridging) and have had several steroid injections for pain. I am only 26 years old and am still in pain, a year+ later (mostly after basic activities, like mowing the lawn or carrying my son). I am still taking pain meds and inflammatories.
I consider myself to be fairly savvy and decided to pursue a claim with the insurance company myself. I collected all documentation (medical records, etc) and sent a demand letter. I had $20K in medical alone and $6K in missed wages. The fact of the matter is, I know I will need future treatment and I deserve to be compensated for this. The ins. co. offered me 40K. I feel thats way to low for how miserable I feel. Should I get a lawyer? I hate to think of paying them a third, when I’ve already done all the grunt work and am at the negotiation stage. HELP!
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May 10, 2009 | Filed Under Accidents & Personal Injuries Lawyers
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6 Responses to “How much compensation should I settle for in auto accident claim? Should I get a lawyer?”
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$40K is a gift. A lawyer MAY be able to negoitate another 10% after years of stalling, threats and general B.S. but will take 33% of any settlement made. Be warned — insurance companies live in court and are NOT afraid of any lawyer alive. They have dozens of their own working full time, on staff, and will fight like tigers if pushed.
Lawyer or not, $40K is more than fair. A lawyer won’t get you more than that.
While I too think a $40k offer is reasonable.. there is NO way to know if you should settle for this amount. We know next to nothing about your condition (pre and post), your physical being (pre and post), over-all treatment, recovery, current condition, local, age, ability to work, etc. If people could just read a few lines of text and know if an offer is good, we would not need attorneys.
What I will say is that an initial offer is just that… an _initial_ offer. The adjuster can and _will_ offer more… unless your totally unreasonable with you counter demand. You need to shoot high, but also give them the impression your just not being obnoxious and are willing to settle (i.e. a counter demand of a million will just send the message that your not willing to settle). You also need to _explain_ to the adjuster why you deserve more. As an adjuster, I completly respect people who are able to tell me why the offer should be higher… and not just “because”. A difficult part for most injured people is that they need to detach themselves from their injury when negotiating. Don’t take the negotiation personally. Yes, it is your injury but getting too personal will not help. It sounds to me like you have this area covered.
BTW – 9 months of PT seems like a little too much treatment. Not _way_ too much but at some point it is just a feel good measure and is not really helping. The adjuster may bring this up.
Get a lawyer and right now! This is something you need not fight on your own. The insurance company’s offer is proof that they feel you have right to a claim. Get help and good luck.
Take the 40K and be happy….a lawyer is going to just drag it out and you probably won’t get more and thenthe lawyer will his cut, so you will have less than the 40K you started with
THE PHYSICAL AND MENTAL DISTRESS SUFFERED FROM AN INJURY, INCLUDING ACTUAL BROKEN BONES AND INTERNAL RUPTURES, BUT ALSO THE ACHES, PAIN, TEMPORARY AND PERMANENT LIMITATIONS ON ACTIVITY, POTENTIAL SHORTENING OF LIFE, DEPRESSION AND EMBARRASSMENT FROM SCARRING, ALL OF WHICH ARE PART OF THE “GENERAL DAMAGES” RECOVERABLE BY SOMEONE INJURED BY ANOTHER’S NEGLIGENCE OR INTENTIONAL ATTACK. THE DOLLAR VALUE OF DAMAGES FOR PAIN AND SUFFERING IS SUBJECTIVE, AS DISTINGUISHED FROM MEDICAL BILLS, FUTURE MEDICAL COSTS AND LOST WAGES WHICH CAN BE CALCULATED, CALLED “SPECIAL DAMAGES.”
IN OTHER WORDS YOU MIGHT NEED AN ATTORNEY.