Fair settlement demand for auto accident

by Oneloveonelyfe » Wed Aug 25, 2010 03:19 am

On June 9, 2010 I was stopped at a red fire station light. I watched the fire truck start to exit it's driveway when it stopped and laid into his horn. I looked into my rear-view mirror to see what he was honking at and then bam I was rear ended. I had been stopped for about 10 seconds before I was hit. The speed limit on that road is 45mph and the firemen who were witnesses said she came flying down the hill. She was cited for inattentive driving and only had an intermediate license. My car was totaled and so was hers. I took myself to the er 2 hours later as the pain started to seriously increase. I was diagnosed with neck sprain and back sprain. 2 days later I returned to the er after trying to help carry in groceries and heard a pop in my back followed by a stabbing pain. The diagnosis was Myofascial strain lumbar. A day later I returned to the er with a severe headache, making me nauseous and dizzy. The diagnosis was tension headache. I followed up with a clinic and they prescribed me chiropractic therapy. I received chiropractic therapy every day for 3 weeks. Then 3 times a week for another 3 weeks and since then have been going for two times a week. Following the accident the doctor gave me a release from work for 3 weeks. Her insurance company has sent me a letter accepting fault. At this point the pain in my neck is gone and the pain in my lower back comes only when I put my body under load (standing for long periods or doing moderate to hard work). I have been a cement mason for the last ten years and I don't feel that I can do continue doing that type of work unless I'm willing to do it in pain. So I've enrolled in school and start next month for automotive technology. I have gotten all paperwork (bills, er discharge, police report and all that would be needed) just in case I seek an attorney. I am sure that her insurance company will low-ball, but would just like an idea on what a fair counter demand would be for my settlement. I have suffered mental anguish over many aspects and have documented them all. From not being able to interact normally with my 2 year old son to depression from financial worries for being out of work during the 3 weeks to what will I do if I can't do concrete anymore (it's all I know). I'm not some greedy dude but feel I do deserve something as this accident HAS affected my life in many ways. My medical bills are close to $10,000. Sorry I wrote too much, just wanted to give a info so that whoever responds can respond more accurately. Thank you for your time. Brandon

Total Comments: 46

Posted: Sat Aug 24, 2013 05:25 am Post Subject:

is ut ojay for me to go to urgent care



:roll:

Posted: Sat Aug 24, 2013 05:31 am Post Subject:

My quote from my post is all i get ill never been in a car accident before just wanted sum advice

Posted: Sat Aug 24, 2013 12:34 pm Post Subject:

First off, your ability to text a coherent message needs some work. And your texting device needs both a spell check and grammar check "app".

You need to be treated for your "injuries" by an MD, not a chiropractor. Can you go to Urgent Care? Yes, but you really need to be seen by the same physician each time -- and that's unlikely to happen at an Urgent Care center. In fact, you might NEVER see a physician at some Urgent Care centers, only a Physician's Assistant (PA) or Nurse Practitioner, neither of whom would be your best witnesses in a civil trial. Your shoulder and shoulder blade pain may be due to a pinched nerve in your neck. If the MD recommends chiropractic care, THEN you can be treated by the DC.

how wld the insurance company settle this matter.

They will write a check. But, first, you need to file a claim with the at-fault party's insurance company -- my guess is you haven't even done that yet. You should have done that 13 days ago. Failure to timely file a claim can make your case look suspiciously like insurance fraud.

You won't be paid anything for your "pain and suffering" until you are no longer being treated for your symptoms, but they could agree to pay your medical expenses in the meantime. You cannot wait forever for your symptoms to be cured, however, because there is a "statute of limitations" which defines the maximum amount of time from the date of your accident that may pass before a lawsuit is filed. It varies from state to state, and could be as little as 12 months.

You don't need an attorney today. But if you don't believe you can negotiate with an insurance company on your own, then you could agree to give up 30% or more of your claim to an attorney and see how badly you feel after he/she takes that big chunk out of your settlement, perhaps even pocketing more money that you do after other costs are paid. You could obtain more money on your own than what you'll be left with if you hire an attorney, even if the settlement amount is lower than what an attorney might get on your behalf.

Posted: Sat Aug 24, 2013 01:55 pm Post Subject:

you need to file a claim with the at-fault party's insurance company



Is the OP at fault? Is the other person at fault but the OP lives in a PIP state where a certain threshold needs to be met before the other party is responsible for the OP's medical bills? Is the OP referring to health insurance? Heck... even what country are we talking about? To be honest, from the typing I'm not even sure it's Earth.

Posted: Sat Aug 24, 2013 04:33 pm Post Subject:

Is the OP at fault?

I made the assumption that she is not. I could be wrong. There's not much substance to go on, so I had to make certain assumptions that would be of interest to others.

But I do know about "pain in the shoulder blade" being related to a nerve in the neck. I'm having an issue with that -- completely unrelated to anything . . . just a narrowing of the space between the vertebrae at C-4/C-5. In my case it's causing numbness and other muscle problems in my left hand. Been dealing with it for about a year now, and may need surgery to correct the problem.

I'm gonna wait until Obamacare kicks in on Jan 1, 2014, 'cause he (the Prez) told us that it would all be free, right?

Posted: Wed Jan 09, 2019 08:10 am Post Subject:

Uh! Interesting one. A lot of accidents are happening now days. My friend works with a very good Los Angeles DUI lawyer and she keeps telling me about ever increasing number of accidents. I too want to become a lawyer as have all capabilities to become a successful lawyer.

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