Backed into

by buck44 » Thu Oct 04, 2012 07:08 pm
Posts: 2
Joined: 04 Oct 2012

Hi, new user here, but had a question about a claim. On july 16th of this year, I had total shoulder replacement, cut from shoulder blade to chest, not arthroscopic. But a week after the surgery, on my way to therapy and in the therapists parking lot as i pulled in, a man was stopped and on his phone. I stopped about 30 feet behind him and was going to go around when he jammed the gas, striking the drivers front of my vehicle with his passenger rear. He must not of realized he hit something because he gunned it again and literally lifted my truck up off the ground. We exchanged information and it being on private property, did not call police. He notified his insurance and I heard him admit that he was at fault. Took 2 weeks to get my vehicle back and $5400 worth of damage. Since then, I have had extreme pain the (operated) shoulder, doctor put it as a strain and will monitor through November 4th and see how it is and test if needed. Approximately 3 weeks later I began having pain in my other shoulder and total numbness and no feeling in my hand. Saw the doctor and after and MRI, he informed me that I now have three bulging disks pressing on the nerves which is causing the pain and numbness in my other arm and hand. It hurts so bad and goes numb to the point that I cant even function with the hand the majority of the day and it keeps me up every night to where I need sleeping pills to get any sleep. I have taken off of work approximately 4 days due to this condition. What am I, for lack of a better word, entitled to from this guys insurance company?

Total Comments: 3

Posted: Fri Oct 05, 2012 12:05 am Post Subject:

A fair settlement up to his policy limits.

Posted: Fri Oct 05, 2012 12:12 am Post Subject:

So if his policy max is say 50,000 u think that is fair or do u think 9-10000?

Posted: Fri Oct 05, 2012 01:33 am Post Subject:

When calculating your damages, its not about what assets the at fault driver may have (e.g. liability insurance limits). Rather it depends on the degree of pain you suffered, any lost wages you have, the permanency of any scarring or physical injury, medical bills and liens owed, and any other economic damages you might have sustained. Generally, the length of treatment reflects the degree of inujury.

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