Why insurance claims for soft tissue injury are so critical?

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PostPosted: Wed May 26, 2010 9:28 pm   Post subject:   

Quote:
How much is my claim worth?
No one here can tell you this...But I will tell you that a pre-existing condition will lower it's value..plain and simple..Do bone spurs, and degenerating discs in your neck cause pain? Darn right they do...does whiplash hurt? Yep, can whiplash/car accident cause bone spurs and degenerative disc disease? Nope, so you may have a bit of an up hill battle to fight.



I know you said you didn't have any problems prior...the adjuster will get your medical records, and they will show if you've ever been treated or saw a doc for this, so that should go in your favor.





Few questions;

What EXACTLY was the epideral for? Wasn't for whiplash right? How long ago was that? Do you know if it has worked or not yet? What does your doc(s) say? What's your prognosis?



Has the other carrier made any offer of settlement? Are you ready to settle? You don't want to even talk about settling unless and until you are back as good as you're going to get...


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PostPosted: Wed Nov 03, 2010 9:03 pm   Post subject: Car accident settlement  

I was rear ended by another car, which resulted in a four car injury= I had a rear and front car damage/ collision. I am at no fault; my car is totaled and received $13000 for it's value and tax. My daughter is my passenger and received neck and chest soft tissue injury / bruise. She also complained of knee pain. My daughter and I visited the doctor once. I had shoulder and low back pain which I treated with cold then hot compress, and occasional ibuprofen. I was not able to work one day, and had a modified work for another day due to my injuries. My insurance adjustor is only offering $800 for my daughter's med bill and pain/ suggesting. I am being offered $1300 for med bill(200), one day loss work(500); and 600 for pain/ sufferring. Is this how much I should get considering my car was lemoned/ totaled?

Thanks for your advice.


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PostPosted: Thu Nov 04, 2010 3:16 am   Post subject:   

You are entitled to recover your actual medical expenses and other direct economic losses ("specific" damages). Whether your car was totaled or not is immaterial. Plenty of people are involved in collisions in which vehicles are totaled and injuries are minimal. If your actual medical expenses and lost wages exceed what the insurance company has offered, then argue that with them. If your daughter is still under medical care, then you may not want to settle her loss just yet. Your injuries have apparently healed without complications.



If you think you are entitled to more "pain and suffering" ("general" damages) than they have offered, you can ask the insurance company for that, but don't expect them to see things your way.



Your economic losses are minimal, and I would expect that your non-economic losses are of similar substance. No one was permanently disfigured, disabled, suffered broken bones, an amputation, or paralysis. Just bumps and bruises, which aren't terribly "valuable" in comparison to more traumatic injuries.



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PostPosted: Wed May 25, 2011 2:55 am   Post subject: sprain neck back  

i was walking and i hit by a car, i went to emergency room and was told i have a sprian back neck and shoulder which is consisted soft tissue how can i expect from i suit , need to insurance i have exhaused my medical claim


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PostPosted: Wed May 25, 2011 2:59 am   Post subject:   

Quote:
how can i expect from i suit , need to insurance i have exhaused my medical claim
First, read my sig,



Second, there is no way to know as no one knows your medical treatment, all info on your injury, what state the accident happened in, if there is any comparative negligence, your age, etc.
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PostPosted: Wed May 25, 2011 2:59 am   Post subject:   

Quote:
how can i expect from i suit , need to insurance i have exhaused my medical claim
First, read my sig,



Second, there is no way to know as no one knows your medical treatment, all info on your injury, what state the accident happened in, if there is any comparative negligence, your age, etc.


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PostPosted: Mon May 30, 2011 4:56 am   Post subject: insurance  

Isn't a soft tissue injury difficult to proof? I'm not saying the OP doesn't have soft tissue problems,..I'm just asking how something like this is proven.

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PostPosted: Mon May 30, 2011 5:11 am   Post subject:   

Medical treatment, MRIs, and doctors notes.

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PostPosted: Tue May 31, 2011 9:04 am   Post subject: insurance  

(Just thinking 'out loud' here..) I'm sure if you have 'pre-existing'soft tissue injuries,that would be dfficult to seperate the injuries you had then and now.

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PostPosted: Fri Jul 08, 2011 2:47 am   Post subject: Was Rearended  

I was hit in the back of my truck 6800$ damagereplacing frame was disabled just was sent back on light duty as well going to therapy for neck and lower back Lumbar and neck chronic pain still nevr had any problems retired from military wht should my settlemement offer be? Question


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PostPosted: Fri Jul 08, 2011 3:33 am   Post subject:   

Well, you make a demand they make an offer.



No way to know. Not enough info. You could have $500 in medical bills... you could have $50,000. Obviously they would warrant different settlement amount.



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PostPosted: Thu Nov 24, 2011 10:15 am   Post subject:   

My son was in an auto accident where a car rear ended a car and came over in his lane (head on and my son went on the shoulder to avoid the car) and was t-boned where 3 oh his door air bags saved his life. The impact also caused the tweeter from his stereo to come out the door and hit him in the mouth chipping his 2 front teeth. The car was totaled which was a 2006 mazda rx8. He luckily walked away from the accident. He went to the ER by my husband and was diagnosised with a concussion. He had to go back to the ER two days later due to dizziness and headaches and was told he still was suffering a concussion and would take some time to recoup. We have finally finished with his treatments which only totaled 9k. The other persons insurance company says they can only offer us 3k plus med bills because his injuries were not serious. Need advice if I should settle or not


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PostPosted: Thu Nov 24, 2011 10:53 am   Post subject:   

First of all START A NEW THREAD TO GET A REPLY FROM AN EXPERT.



if you could give more details, it would be better.

You say your car was totaled, how much was offered for that, only 3k?

You say that they are offering med bills, how much for it? since you've already spent 9k.

Start a new thread along with full details.


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PostPosted: Fri Nov 25, 2011 12:37 pm   Post subject:   

Quote:
We have finally finished with his treatments which only totaled 9k. The other persons insurance company says they can only offer us 3k plus med bills because his injuries were not serious. Need advice if I should settle or not


I assume by $3,0000 + Medical Bills, this has nothing to do with the value of the vehicle -- that the $3,000 is for "pain & suffering" (AKA: general damages). Whether to settle for that amount or not is up to you. If you feel that is a decent amount of money, fine, if not, demand more.



If you are unreasonable in your demands, then the insurance company will stop negotiating the claim and you'll have to take the AT FAULT PARTY (not the insurance company) to court.



That will mean hiring a personal injury attorney who will want 30%-40% of the final settlement, which most likely would mean that the attorney will end up with more money than you.



So weigh your options and proceed accordingly.


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PostPosted: Sat Jan 07, 2012 1:02 am   Post subject: auto  

Both my wife and I were injured in a "serious" collision, deemed serious by insured’s company bc of speed and damage. We both have cervical sprains and neck and back pain that we have been treating for over a year and a half. My specials are approaching $12,000, of that only $5000 is NOT subject to subrogation and $1200 out of pocket for treatments not covered by our IBX plan. AllState offered $3400 to settle my side.... we didn’t even bother to listen to them for my wife's side. We are both still treating and expect from our diagnosis that we will need pain treatments for the foreseeable future. Our statute expires soon and we have tried to settle but we are way too far apart. On top of medical costs are the hundreds of hours in PT, doctors’ offices. As anyone else would feel, my time is valuable and this time away from my daughter, wife, friends, whatever can never be recovered.

Obviously it looks as though we are going to have to go through attorneys, but just wanted to show that sometimes it’s not a logical or fair process.


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