Why insurance claims for soft tissue injury are so critical?

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PostPosted: Thu Nov 12, 2009 8:18 am   Post subject:   

A soft tissue injury with no permanent damage will not get you a gold mine. I got whiplash from a auto accident & went to physical therapy 10 times & 5 drs visits. I also had headaches & mental anguish. My med bills totalled $3700.00 & i got 3k for pain & suffering. I may have been able to get $500.00 more but im not sure. Soft tissue injurys (whiplash) are not money makers & lawyers know that. I didnt get a lawyer & i think if i did i would of received less.

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PostPosted: Mon Nov 30, 2009 12:59 am   Post subject:   

I was hit by a truck. I have a elbow cotussion back and neck aches i missed three weeks of work.i was a driver at my job fulltime but i only get 3 days now .i was a pedetrian do i have a strong case and whats the value of it


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PostPosted: Mon Nov 30, 2009 1:00 pm   Post subject:   

Well shizz, let's start at the beginning..

Quote:
I was hit by a truck.
A side from the obvious, "ouch", why were you hit by the truck? Were you in a parking lot, a cross walk, how did the truck happen to hit you? I
Quote:
have a elbow cotussion
that's long for bruise right?
Quote:
back and neck aches
Any diagnosis at all?
Quote:
i missed three weeks of work
Did a doctor take you off work for three weeks? or you just felt that you couldn't work ? (yes, it makes a difference)...
Quote:
i was a driver at my job fulltime but i only get 3 days now
Why? Did everyone get cut back? Or do you mean that due to your injuries you can only work three days a week? Again, did a doc tell you this? Were you working at the time? Did the police come?
Quote:
i was a pedetrian do i have a strong case and whats the value of it
It all depends...answer the questions and we'll see if we can help you. Have you talked to the insurance company for the truck that hit you?


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PostPosted: Mon Nov 30, 2009 4:24 pm   Post subject:   

How sad! People with "injuries" wanting to know how much "compensation" should they get. What a misunderstanding! It's a shame that our society has descended to the point that people are now expecting something for nothing. And when they get nothing because it was what they were entitled to, they turn to an attorney to try to get more.



Casualty insurance does not pay "compensation." It provides "reimbursement" based on actual losses. If you suffered an injury and had $500 in medical bills, that's your loss, and that's the most that you're entitled to collect on the basis of your injury.



On the other hand, liability insurance pays for "damages" as the result of a negligent party's breach of a duty to (or not) do something. Like not cause a collision. But the fact that you suffered an injury does not similarly entitle you to a liability claim.



OK, so you lost an hour or two of your time to go to the ER. But if you never lost a day of work, you really have no damages. Despite what a lawyer might tell you. It costs them little or nothing to send a letter to the insurance company hoping to get anything from which they can siphon their 33-1/3%. But that costs all of the rest of us to pay inflated insurance premiums.



When people talk about "tort reform," it's situations like those in this thread that give rise to the discussion. One of the only seemingly valid claims is the one in which the vehicle damage was $8000. I would expect significant injuries to have resulted. But in the initial post, in which vehicle damage was $500-$600, I can hardly believe there was an injury. Some kid "keys" my car door, and I need a $600 paint job, not $4,000 of chiropractic treatments.



Although I have personal friends who are chiropractors, it has never failed to amaze me how a chiropractor can find with a $50 x-ray and their finger tips what a multimillion dollar MRI machine cannot when it comes to "soft tissue injuries." And how unscrupulous lawyers even manage to get a few thousand dollars out of an insurer as a result.



If there is an offer on the table of a couple of thousand dollars, Modelkrb, take it before it evaporates, because it's likely far more than you are even "entitled" to receive.



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PostPosted: Mon Mar 22, 2010 11:49 am   Post subject:   

i was a passenger in dec 08 no fault insur paid bills 6 month cut me off after ime , i was being treated for sacal dysfuntion and soft injuries leading to fibromyalga, and brain injury i have a history of minor pains from work injury in 02 also i have a felony and a hitory of cocaine but i've was clean 4 years prior instead i turn my life around got in college stayed on dean's list and 1 year before grad i was in this accident stop my life.. do i stay a chance with the no fault insurance company?


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PostPosted: Mon Mar 22, 2010 12:00 pm   Post subject:   

Penny, I don't understand what you question is...Are you asking if you can go back now and collect additional monies on an 08 injury? You say they 'cut you off' after six months...do you mean the PIP ran out? We need more infor before we can hope to assist you...

Quote:
1 year before grad i was in this accident stop my life


I hope you aren't saying that due to this accident in 08, you relapsed and went back to your old way of life...


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PostPosted: Wed Apr 28, 2010 8:02 pm   Post subject: how much should I seek in my accident settlement.  

Myself my friend and three children were on our way to the circus, I stopped for a pedestrian walking in the crosswalk when I was rear ended by a drunk driver. He was arrested for DUII and wreklass driving. I was the only one who got hurt, I have had to go to physical theropy 2 times a week and my neck, back, head, legs all still hurt. I wasnt able to hold my 9 month daughter for about a month or my 3 and 5 year olds I still cant hold them. it is interfearing with my work. please help if you can


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PostPosted: Thu Apr 29, 2010 5:32 pm   Post subject: soft tissue  

my wife was hit from behind at a yeild sign. it was the other persons fault to fast for conditions. car was totaled out with 2500 in damages and the said it was only worth 600. and alloted time with out car was total of 975 so i bought it back for 125 they suppose to send a salvage title. so now she sent her medical in and one day of loss waiges it values at around 2200. so there first offer allstate gave was only 3000 should i get a attorney on this


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PostPosted: Thu Apr 29, 2010 6:46 pm   Post subject:   

Quote:
so there first offer allstate gave was only 3000 should i get a attorney on this
Only you can answer that question. What amount are you looking for? I'd say with the injury that you described, that amount seems like a good starting point. It sounds like it's an initial offer and those are usually increased. Consider this, an attorney will take 33% of the _offer_. If you were to use an attorney and the offer stayed the same, the attorney would collect $1000 and you'd be left with $2000. In order for you to break even with an attorney the offer would need to be increased to $4000. I can tell you that this is possible but on a soft tissue injury and what appears to be about $1500 in diagnostic treatment, this probably won't happen. It may... but I'd say it would be a fight to get $4000 paid on this claim.



People think that attorneys are "free". Their commercials certainly make it sound like they are. They are not... they collect 33% of the person's settlement. Just something to consider.



As mentioned above, $2200 sounds like their initial offer. With a bit of negotiating I'm betting this amount could be increased.
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PostPosted: Fri Apr 30, 2010 3:27 pm   Post subject:   

the 2200 was for medical and loss waiges. so all they want to settle on pain and suffering is 800. i know if i was in the car and didnt get hurt i would of got 500. i feel her pain and suffering seems to low


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PostPosted: Sun May 09, 2010 12:07 pm   Post subject:   

Negotiate with the ins co. Your wife should get at least a min of 2k for pain/suffering.


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PostPosted: Sun May 09, 2010 12:31 pm   Post subject:   

Steel I don't know what your experience is, or how you feel qualified to put this 2k value on the pain and suffering, tell you what I've got about oh, 23years experience, and I can't so that...so unless you have the ability to be inside his wifes body and feel what she feels you're off the beam.....and I seriously doubt with 2200 in specials she will get 2k in pain and suffering..



It's all relative, and subjective, Mark. Is she done treating? is she back to her old self? if she is not you shouldn't even be considering settling yet anyway.



Tcope gave you great advise take it.



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PostPosted: Sun May 09, 2010 2:20 pm   Post subject:   

"Pain and suffering" is what the attorneys try to throw at the juries to see what sticks. This is such a dubious phrase. Very similar to the "soft tissue" injuries that no X-ray or MRI can locate, but which the chiropractor finds within minutes using only his educated fingertips.



That's not to say your wife has not endured any pain, but from the description of $2500 in collision damage, I would not believe that your wife's injuries were substantial or serious. Certainly not life-threatening.



Why not? Because those "bumper crash tests" that the IIHS and others conduct every year have demonstrated for the past ten years that most cars, SUVs, and light trucks suffer a minimum of $3000-$5000 in a 5 mph rear-end impact. Your described damage was $2500.



If the insurance company is willing to offer $3000, you might be able to squeeze another $500-$1000 out of them, but beyond that, your efforts or those of an attorney will likely only cause you mental anguish and not yield any special result.



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PostPosted: Tue May 25, 2010 8:22 pm   Post subject: auto accident injury settlement  

I was involved in an MVA and the other person was at fault. I have severe whiplash and during an MRI it was found that I already had an existing problem with my cervical vertebrae (bone spurs, and degenerative discs) I never had any symptoms until the accident. I have exhausted my PIP of 10,000 and my health insurance company is now paying medical bills --I have been in PT for 2 months and just underwent an epidural procedure with cortisone. I expect another month or two of treatment. I do not want to use an attorney if I do not have to for settlement with the other insurer. How much is my claim worth? What should I start asking for? I did not miss work --only because I could not --did not have any available time off --so I HAD to work and endure all the pain and my employer had to purchase a special headset so I could still answer phones.


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PostPosted: Wed May 26, 2010 4:37 pm   Post subject:   

This is far too complicated to not explore the potential with an attorney.



You are not a medical professional. Who's to say that the whiplash injury was severe enough to cause the pain you are experiencing as a result of your preexisting condition? The two could be entirely unrelated.



At least that's what the insurance company might tell you when it denies your claim. Then what will you do, hire an attorney?



Attorneys normally offer a free consultation to decide the merits of your case. If they feel your case is worth pursuing, they'll tell you what it's worth. You can decide to use their services or go it on your own.



Just remember, the insurance companies have more money than you do, and can easily outlast you when you're on your own. They often just write checks to make attorneys go away.



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