What settlement can I expect from herniated discs?

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Wed Sep 02, 2009 3:38 am   Post subject: What settlement can I expect from herniated discs?  

I was involved in an accident that totaled my car. It was s 2000 Monte Carlo and they paid me $6K for it. They said the frame was too badly damaged to buy it back.



I had physical therapy for 4 months with very little improvement. Finally I had an MRI 6 months after the wreck. It showed herniated discs at C3-C4 and C5-C6 both mildly flattening the spinal cord. I had physical therapy for 4 more months with much more relief. I am still in daily pain and I have limited motion in my neck and my right shoulder.



I had no previous injuries, this was my first car accident. I hardly ever go to the doctor, about once a year usually with the flu. I had no pain before the accident and now it's my constant companion. I also have ringing in my ears that's much worse when the neck pain gets worse.



I was supposed to have a stricture in my esophagus stretched the day of the accident. The accident pushed back this procedure 4 months, causing me to suffer from nausea, indigestion and severe difficulty swallowing.



I was active before the accident but now I am very limited in what I can do. Thankfully I have an office job, so I can still work.



My medical bills are $10K and my lost wages $3K.



What would I be looking at for a fair settlement?

jo
New member
Leave a quick message



Joined: 29 Aug 2009
Posts: 26

Location: Waco, Tx.
10.47 Dollars($)

PostPosted: Wed Sep 02, 2009 5:34 am   Post subject:   

Well, I can empathize and truly feel bad about what has happened with you..

Quote:
My medical bills are $10K and my lost wages $3K.


Did the doctors state for how long you'd need to carry on with the associated medical treatments? Are you still undergoing physical therapy?



You'd need to add the cost of medical treatments (with your claim) that you may still need to pursue till you get cured. Please let us know if the doctors have to say anything regarding this.



Steven
steven
Senior member
Leave a quick message

steven

Joined: 02 Feb 2006
Posts: 1546


215.89 Dollars($)

PostPosted: Wed Sep 02, 2009 7:51 am   Post subject:   

The neurosurgeon suggested surgery to repair the herniated discs. He said I could wait and see if PT would fix it and I could use steriod injections or I could go ahead with the surgery. The PT helped, but I reached a point in PT where I wasn't getting past a pain level of 2 - 3. I can't do the surgery until next summer and that will be past my 2 year claim limitation. He told me that a fall or another car wreck could prove fatal until the discs were repaired.

jo
New member
Leave a quick message



Joined: 29 Aug 2009
Posts: 26

Location: Waco, Tx.
10.47 Dollars($)

PostPosted: Wed Sep 02, 2009 10:55 am   Post subject:   

Jo, no one can really give you a number without a total review of your medical history, age/life style etc...BUT, I if you have records from your doc to back all of this up, (particularly) the absolute guarantee that surgery will be required in the near future. And the danger of not going ahead with the surgery. I would demand the policy limit. Do you know what that is? Has there been ANY discussion with the adjuster regarding a settlement figure? Does the adjuster know your prognosis?



_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Wed Sep 02, 2009 12:12 pm   Post subject:   

I have a settlement letter ready to go. I've been working on it quite a while and I think I hope it's ready. I didn't name a price. When I talk to her this week I am going to ask what the policy limits are and hope she gives me an answer. Am I right to assume if it's low she'll tell me and if it's higher she might not?

jo
New member
Leave a quick message



Joined: 29 Aug 2009
Posts: 26

Location: Waco, Tx.
10.47 Dollars($)

PostPosted: Thu Sep 03, 2009 12:24 am   Post subject:   

Quote:
Am I right to assume if it's low she'll tell me and if it's higher she might not?
Well, you're right to assume a smart/experienced adjuster will. Some companys absolutely will not disclose it... Some will every time. If I were handling it, and had low limits I'd spill the beans quick!


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Thu Sep 03, 2009 12:54 am   Post subject:   

Do you know anything about how a Farmers Insurance adjuster would handle it?

jo
New member
Leave a quick message



Joined: 29 Aug 2009
Posts: 26

Location: Waco, Tx.
10.47 Dollars($)

PostPosted: Thu Sep 03, 2009 1:34 am   Post subject:   

Quote:
Do you know anything about how a Farmers Insurance adjuster would handle it?
I don't know about their corp. stance, or even how that could differ state to state and branch to branch...I'm in NW MO and the Farmers adjusters I know here, are very tenured, and would most likely disclose (or 'hint' if they couldn't disclose) if they had low limits.


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Fri Sep 04, 2009 3:38 am   Post subject:   

I have my settlement letter and all my documentation ready to give to the adjuster. Should I talk to her first and try to find out what the policy limits are, or should I give it to her and wait to ask questions when she contacts me?

jo
New member
Leave a quick message



Joined: 29 Aug 2009
Posts: 26

Location: Waco, Tx.
10.47 Dollars($)

PostPosted: Fri Sep 04, 2009 12:08 pm   Post subject:   

That's really up to you Jo, personally I'd talk with her, and let her know I'm sending it...and see if she'll release the limits..let us know how it goes and if we can be of further assistance.



_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Sat Sep 05, 2009 2:15 pm   Post subject:   

I called my adjuster, she's gone until the 12th. I guess I'll use that time to go over my settlement package and make sure it's complete. I have some "what if" questions.



Is it allowable to contact the lady that hit me to ask about liability limits if I get stonewalled by the adjuster or is that a big no-no?



Everyone lists out what to ask for, medical bills, pain & suffering, loss of wages, future losses, etc. But I've noticed that most posters say they received a settlement figure that the adjuster refuses to itemize so the injured knows how they arrived at that figure. Is there a way to get the adjuster to be specific?



Punitive damages, are these only if you file suit? The lady that hit me in a school zone was speeding and didn't try to avoid me. She had 4 kids in her SUV. This wreck was witnessed by the chief of police and he documented all this in his police report.



I'm in Texas and my statute of limitations is up 4-23-10. My shoulder still gives me problems and I've never had an MRI done on it. I'm thinking the pain could be from the herniations in my neck but Im not sure of the popping and limited motion. It took over 7 months for the doctor to finally decide to do an MRI on my neck. But my neurologist said he would order one if my shoulder kept giving me problems. Should I go ahead and get this done? Or would this seem at this point that I'm trying to increase the medical?



I just filed for my $2500 PIP this week. (I had no idea what PIP was for!) I expect that will be paid. Will the adjuster try to hold this out of my settlement? And if so, what do I say?



Do I have to decide now if I want the surgery in order to ask for future expense for this? I know for sure I won't have it before next April. What does this do to that part of my claim?



Consortium, should I mention it in the settlement letter? This is not something I would want to discuss in court but I don't expect to go to court. Is this fairly benign to ask for in settlement or will it blow up to be a topic I wished I had not addressed?



I'm sorry to be so long-winded. Thank you for helping.

jo
New member
Leave a quick message



Joined: 29 Aug 2009
Posts: 26

Location: Waco, Tx.
10.47 Dollars($)

PostPosted: Sun Sep 06, 2009 11:51 am   Post subject:   

Quote:
Is it allowable to contact the lady that hit me to ask about liability limits if I get stonewalled by the adjuster or is that a big no-no?
There's certainly no law against it...
Quote:
Is there a way to get the adjuster to be specific?
Well, kind of...they will come up with a 'range', the first offer of settlement will be toward the bottom of that range. You can certainly request how they arrive at their figure, but like the one that you will submit..it's subjective.
Quote:
Punitive damages, are these only if you file suit?
Pretty much, punitive damages are meant to 'punish' the offender for their actions...I've never seen punitive damages paid without a judgement...but it never hurts to ask for anything...
Quote:
This wreck was witnessed by the chief of police and he documented all this in his police report


Laughing oh my gosh! Could you have got a better witness? NOT...good for you...shouldn't be any dispute when it comes to liability that's for sure.
Quote:
Should I go ahead and get this done? Or would this seem at this point that I'm trying to increase the medical?
If your doc thinks it's a medical necessity..and so do you I'd definately do it prior to sending my demand...
Quote:
Will the adjuster try to hold this out of my settlement? And if so, what do I say?
PIP will be paid from your carrier..not the other (at fault) party..no they cannot hold it.
Quote:
Do I have to decide now if I want the surgery in order to ask for future expense for this? I know for sure I won't have it before next April. What does this do to that part of my claim?
No, you don't have to decide now...If your doc plainly lays out that , 'this is going to happen, some time in the near future, no question about it'..that should be sufficient for them to include future medicals in your settlement.
Quote:
Consortium, should I mention it in the settlement letter? This is not something I would want to discuss in court but I don't expect to go to court. Is this fairly benign to ask for in settlement or will it blow up to be a topic I wished I had not addressed?
No it won't blow up..it's pretty much a stand request, (atleast in my area)...who's going to deny or ask specifics about that? If the adjuster you have is young and inexperienced they may not know what you're talking about..if they ask tell them to ask their boss (or mama) to explain it to them... Wink
Quote:
I'm sorry to be so long-winded. Thank you for helping.
Not at all...ask anything you'd like.


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Fri Sep 18, 2009 12:43 am   Post subject:   

I dropped off my packet with the adjuster yesterday. When I asked her about the limits, she said she couldn't tell me but "there are plenty limits to pay this claim". Any speculation as to what she meant, what to expect from her?

jo
New member
Leave a quick message



Joined: 29 Aug 2009
Posts: 26

Location: Waco, Tx.
10.47 Dollars($)

PostPosted: Fri Sep 18, 2009 1:02 pm   Post subject:   

I'd say she probably has a min. of no less than 50k..



_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Sat Sep 19, 2009 1:21 am   Post subject: ANSWER  

They should offer you the maximum! Cool

GEORGETTE87
New member
Leave a quick message



Joined: 19 Sep 2009
Posts: 5


1.79 Dollars($)

All times are GMT
1, 2, 3  Next  
Page 1 of 3


Get free auto insurance quote
State Auto Insurance Laws in USA

USA Auto Insurance laws
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

AmPmInsure on Facebook



Page loaded in 4.002 seconds.