Soft Tissue injury settlement (Law guys help please) (1 Viewer)

[DevilDog919]

I was rear ended in September of last year. My wife and I were in the car. The car hit us at approximately 40 mph from behind, we were at a complete stop. Driver was 100% at fault.

My back was stiff so I went to the ER to get examined. Did some Xrays and was prescribed pain meds and referred to a Chiropractor, where I went for twice a week for about 3 months. Total medical bills, according to the insurance adjuster, came out to roughly $3500. I missed a few days of work because of the injury and had to leave work 30 minutes early every time I went to the chiropractor. I also had trouble sleeping for about a month because of back pain. It also impacted my job, as I'm a mailman, and the back pain got excruciating some days.

I was offered $5000 in settlement. I still owe the chiropractor $675, so I will have to pay that from my settlement. My question is, is this a reasonable offer? Should I push for more and how should I go about that? Really not wanting to get a lawyer in such a small case, so any help will be appreciated.

ETA: Wife was also hurt, more severely than me. They have yet to make an offer to her.

 

[eoMMan]

I'm no lawyer and one of the biggest "anti-lawsuit" posters in the FFA.....but you deserve more than $5000.

See a good lawyer.

 

[gianmarco]

I'm no lawyer and one of the biggest "anti-lawsuit" posters in the FFA.....but you deserve more than $5000.

See a good lawyer.

/thread.

 

[DevilDog919]

I'm no lawyer and one of the biggest "anti-lawsuit" posters in the FFA.....but you deserve more than $5000.

See a good lawyer.

But a good lawyer will take out 30% or more. I'm not against talking to a lawyer, but if its not going to raise my net (after lawyer deductions) significantly then I don't think its worth it. Which is why I'm posting here. Will a good lawyer raise it significantly more than I can negotiate on my own? Just too many things to know regarding settlements in cases like mine that put me at a disadvantage against a claim adjuster that literally sees thousands of these a year?

 

[TLEF316]

You're getting absolutely hosed with that offer. Hosed beyond belief.

I'm a commercial underwriter for a very large insurance company so I certainly don't want to encourage people suing just because they can. But in this case, you'd be a fool not to.  Something like this could have long term effects. Maybe you feel better now, but with a back injury, you just don't know.

Honestly, they'd probably settle for ten times that right now if you offered it to them, and that's without hiring a lawyer. I've seen companies cut 6 figure checks for trip and fall claims where their client was 100% not at fault (other than allowing a clumsy person onto their premises). You got rear ended at 40 MPH.

 

[msudaisy26]

I would find a good injury lawyer and pay for an hour consultation. That might be around 300 dollars, give or take 100 either way. They will give you better info and if you choose to use that lawyer they will probably way that consulting fee. 

 

[BroncoFreak_2K3]

If there ever was a time for you to collect, sounds like this is the time.

 

[RUSF18]

I would find a good injury lawyer and pay for an hour consultation. That might be around 300 dollars, give or take 100 either way. They will give you better info and if you choose to use that lawyer they will probably way that consulting fee. 

Please do this. They'll waive it in a second when they hear these facts. You have a much larger check coming to you. 

 

[encaitar]

Please at least go talk to a lawyer.  My brother was in very much the same situation, except he was broadsided by a guy running a red.  Insurance company wanted to offer him $10,000 to cover everything, despite him experiencing post concussion syndromes for months and light duty at work due to a broken arm.

We finally convinced him to see a lawyer and the lawyer got a plea deal for $120k and told us outright he could've gotten more if they had taken it closer to the court date.  

My brother still has random migraines that he never used to have before the accident.  You'll never know how this will affect you long term.  This is one time to not be the "nice guy".  Look after yourself.

 

[Galileo]

Back troubles can linger for years.  I don't know the full scope of your injury, but this may haunt you down the road.  I don't see $5000 as nearly adequate.

 

[TLEF316]

I don't know who the insurance carrier is, but that really is an insulting offer. They're basically leaving you no option but to lawyer up.

$5K? LOL. I've seen people get 5x that for breaking a tooth on an olive pit. 25X that for tripping over their own 2 feet in a bank lobby.

 

[mr roboto]

I hate frivolous lawsuits. This ain't that. Get a ####### lawyer, top notch one. 

 

[whoknew]

Its been covered but you and your wife should both get a lawyer.

And feel free to negotiate with the lawyer. He will want like 1/3 but you can get him down to 25%. Maybe lower. You've a good case.

 

[fantasycurse42]

If your wife is settling for more, has she hired one? If not, she should - speak to that guy before signing anything.

 

[DevilDog919]

If your wife is settling for more, has she hired one? If not, she should - speak to that guy before signing anything.

Neither of us have spoken to a lawyer. Her medical bills total about 10k while mine were about 3500. They showed us the Xrays of her back, and it was all sorts of twisted up. 

I guess neither of us thought this was a big score for us. Nothing broken, just both got really bad beat up backs. I've still got back pain, but at this point I don't know if its because of the wreck or because of my work. I expected 20k or so between the two of us, but from the sounds of it thats low.

I'll be talking to a lawyer tomorrow. Thanks for the insight guys.

 

[GilbertGrape]

I was rear ended in September of last year. My wife and I were in the car. The car hit us at approximately 40 mph from behind, we were at a complete stop. Driver was 100% at fault.

My back was stiff so I went to the ER to get examined. Did some Xrays and was prescribed pain meds and referred to a Chiropractor, where I went for twice a week for about 3 months. Total medical bills, according to the insurance adjuster, came out to roughly $3500. I missed a few days of work because of the injury and had to leave work 30 minutes early every time I went to the chiropractor. I also had trouble sleeping for about a month because of back pain. It also impacted my job, as I'm a mailman, and the back pain got excruciating some days.

I was offered $5000 in settlement. I still owe the chiropractor $675, so I will have to pay that from my settlement. My question is, is this a reasonable offer? Should I push for more and how should I go about that? Really not wanting to get a lawyer in such a small case, so any help will be appreciated.

ETA: Wife was also hurt, more severely than me. They have yet to make an offer to her.

I was on a jury for a young girl who was driving home at night on the highway when a drunk driver suddenly made a sharp right turn in front of her and she hit him going 70 miles an hour. She claimed back issues and soft tissue damage. We ended up giving her like $125k. 

Caveat: Her father had purchased an insurance policy that not only covered medical costs, but pain and suffering as well. I didn't even know that existed, but the insurance company said it did and that we were only there to determine how much they owed. 

One thing I thought was very interesting. A DO (Like a doctor) testified about MRI's he had done and soft tissue damage. The insurance company refuted by saying it wasn't conclusive. There were three huge men on the jury. They had all played high school football, and all had soft tissue damage to their knees. They said it would be inconclusive to an insurance company, but they knew it was there. So if you sue, tell your lawyer to look for guys like that. 

 

[Bri]

I would recommend physical therapy right after the chiropractor appointment. A lot of times you wind up with these bad twisting or bending or gait problems that you're unaware of and without a PT breaking habits and strengthening you up, you'll always want to return to the chiropractor. Ya bend a bit this way and oops I pulled something, better make an appointment. It's quite normal for insurance so it shouldn't be a big deal, you just have to ask for it.

If you're unsure, late in the day when you're totally beat-stand in front of a mirror and turn sideways. Maybe watch yourself pick something up or bend over and tie your sneaks. People with prior back injuries have terrible habits when they're "dead tired" but look fine the rest of the time.

 

[Mrs. Rannous]

Shouldn't your own insurance company be representing you here?  Ours does.

 

[Yankee23Fan]

Talk. To. A. Lawyer. And. Dont. Sign. Anything. Before. 

 

[The Big Donkey]

Better call Saul

 

[RUSF18]

Neither of us have spoken to a lawyer. Her medical bills total about 10k while mine were about 3500. They showed us the Xrays of her back, and it was all sorts of twisted up. 

I guess neither of us thought this was a big score for us. Nothing broken, just both got really bad beat up backs. I've still got back pain, but at this point I don't know if its because of the wreck or because of my work. I expected 20k or so between the two of us, but from the sounds of it thats low.

I'll be talking to a lawyer tomorrow. Thanks for the insight guys.

It's this mindset that got you to almost commit without "lawyering up". You've gone through a lot and potentially will go through a lot more. 

And FWIW, I'd take broken limbs over a beat up back any day. A broken leg is unlikely to bother you everyday in 20 years.

 

[James Daulton]

I will say OP, while I wish more Americans took your stance on lawsuits, the insurance company is trying to screw you.  You don't have to sue for $10M, but you certainly deserve reimbursement for current and future pain and suffering.  They collect a ton of cash from a lot of members so they're able to cover this type of thing.

 

[belljr]

So I should change my insurance.  I have the policy where I can only sue for medical bills :unusre:

 

[DevilDog919]

Shouldn't your own insurance company be representing you here?  Ours does.

Our insurance company took care of our medical bills and we closed the claim with them. We only called them because the "at fault" insurance company wouldn't pay them until we settled and the hospital was coming at us wanting payment.

The at fault insurance is State Auto and they said they have already got a request to pay our medical bills from our insurance, but that was separate from our payouts. 

I've called a lawyer that was recommended by a friend and setup a consultation for later this afternoon. We'll see what he says.

 

[DevilDog919]

I will say OP, while I wish more Americans took your stance on lawsuits, the insurance company is trying to screw you.  You don't have to sue for $10M, but you certainly deserve reimbursement for current and future pain and suffering.  They collect a ton of cash from a lot of members so they're able to cover this type of thing.

Yea, just not the "give me free money" type of guy. I think that's part of what's wrong with this country, but we'll save that for another thread. 

I do want a fair settlement though, which is why I came here. Sadly, I thought the $5000 was somewhat of a fair initial offer. Looking like I was wrong and way off though.

 

[whoknew]

Its clear you didn't understand the extent of your injuries and the future pain and suffering that is going to result from a back injury. Few do and that's why insurance companies like his can take advantage of people and lowball them.

I'd recommend not posting in here anymore. At least until you see your lawyer.

 

[James Daulton]

Its clear you didn't understand the extent of your injuries and the future pain and suffering that is going to result from a back injury. Few do and that's why insurance companies like his can take advantage of people and lowball them.

I'd recommend not posting in here anymore. At least until you see your lawyer.

Why do lawyer guys always say this?  How could the opposing council possibly identify an anonymous poster on a website?  Also even if they did manage to somehow tie some FBG comments to their case, so what?

Not trying to be a ####, just curious.

 

[RUSF18]

Why do lawyer guys always say this?  How could the opposing council possibly identify an anonymous poster on a website?  Also even if they did manage to somehow tie some FBG comments to their case, so what?

Not trying to be a ####, just curious.

Not a lawyer, but my guess is that if they could identify him, posting something like "my back isn't actually that bad" would really hurt his claim. At the least it would be something the other side would try to use against him with an offer ("take the $10K, its going to be less than you end up with once "I really thought $5K was fair, but then a bunch of people on the internet told me I should try and get more money" plays out in court. 

 

[whoknew]

Not a lawyer, but my guess is that if they could identify him, posting something like "my back isn't actually that bad" would really hurt his claim. At the least it would be something the other side would try to use against him with an offer ("take the $10K, its going to be less than you end up with once "I really thought $5K was fair, but then a bunch of people on the internet told me I should try and get more money" plays out in court. 

Right. Lawyers are generally paranoid and don't want anything out there that could potentially hurt a case.

And if the defense lawyer knows enough to ask, he can likely find anonymous postings through discovery.

 

[TLEF316]

Yeah this definitely isn't a "getting free money" situation.  You're (hopefully)being compensated for your pain and suffering as well as potential problems down the road. The last thing you want to do is take 5k now only to find out that you've got major back problems (potentially requiring surgery or at the very least, extensive therapy) a few years down the road.

If you fell down some stairs or tripped over a rug, I could see taking the "just my medical expenses" approach but an accident that was clearly the other person's fault?  Not a chance 

 

[Craig_MiamiFL]

Talk to a lawyer for the sake of both of you now (and future).

Edit: I see now you set up a consultation today.

 

[Doug B]

You're getting absolutely hosed with that offer. Hosed beyond belief ...

Honestly, they'd probably settle for ten times that right now if you offered it to them, and that's without hiring a lawyer. I've seen companies cut 6 figure checks for trip and fall claims where their client was 100% not at fault (other than allowing a clumsy person onto their premises). You got rear ended at 40 MPH.

Skipped over the thread to agree to this.

It might vary state by state ... but in Louisiana, people routinely retire after receiving the settlements they get from this kind of car accident. Granted, we have the highest premiums in the U.S. -- maybe because it's so easy to sue and get a small lottery sum.

If you were here, you could take advantage of the dozens of lawyers who'll do the legal work "for free" unless you win (their rates are probably high given the lack of risk of losing, but still). Must be a lucrative gig, as these lawyers advertise all over the place (billboards, radio, TV, etc.).

 

[Ramsay Hunt Experience]

Why do lawyer guys always say this?  How could the opposing council possibly identify an anonymous poster on a website?  Also even if they did manage to somehow tie some FBG comments to their case, so what?

Not trying to be a ####, just curious.

Let's say the OP is being deposed.  And he's asked "have you ever discussed your injuries on any social media or internet message board?"  How should he answer?  Keep in mind, as his lawyer I can object to that question, but he has to answer.  Most people would probably lie, but even if its unlikely to ever be discovered, I prefer my clients to not commit perjury.  Particularly when the situation is eminently avoidable. 

 

[James Daulton]

Let's say the OP is being deposed.  And he's asked "have you ever discussed your injuries on any social media or internet message board?"  How should he answer?  Keep in mind, as his lawyer I can object to that question, but he has to answer.  Most people would probably lie, but even if its unlikely to ever be discovered, I prefer my clients to not commit perjury.  Particularly when the situation is eminently avoidable. 

I guess it makes sense, I just didn't see what discussing it could harm, but someone pointed out that he could have said he wasn't hurt too bad, etc.

I Got it.