accident victim seeking advise
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Joined: Aug 2006
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accident victim seeking advise
Greetings and thanks to all the people that post such great info. I any thoughts on an accident case. I was hit in 07 and it totaled my 91 tourglide.
Im blessed that, Im still here and in pretty good shape. The insurance company made me a settlement offer and Id really like to hear other peoples thoughts on whats a fair settlement So Im going to list the damages and injuries.
1.Broke right wrist and hand, required surgery in a cast four 4 months. 4 inch scar on back of right hand and wrist from surgery
2.1 inch cut under right eye required stitches,
3.Required a series of 4 cortisone injections into the top back part of my head for sever headaches Missed 4 months of work
4.Still have pain in neck and into my right arm and right hand is weaker. I saw a chiropractor for several weeks and now I just live with it.
I still can do pretty much everything I used to do. Neck does give me trouble sleeping.
The insurance company offered 75,thousand, or I can take it to court, however I take a chance of getting less. What do you guys think?? Also I do have a lawyer handling this and he would get a third. I appreciate any and all input Thanks again.
Im blessed that, Im still here and in pretty good shape. The insurance company made me a settlement offer and Id really like to hear other peoples thoughts on whats a fair settlement So Im going to list the damages and injuries.
1.Broke right wrist and hand, required surgery in a cast four 4 months. 4 inch scar on back of right hand and wrist from surgery
2.1 inch cut under right eye required stitches,
3.Required a series of 4 cortisone injections into the top back part of my head for sever headaches Missed 4 months of work
4.Still have pain in neck and into my right arm and right hand is weaker. I saw a chiropractor for several weeks and now I just live with it.
I still can do pretty much everything I used to do. Neck does give me trouble sleeping.
The insurance company offered 75,thousand, or I can take it to court, however I take a chance of getting less. What do you guys think?? Also I do have a lawyer handling this and he would get a third. I appreciate any and all input Thanks again.
Grand HDF Member
Joined: Apr 2010
Posts: 3,587
Likes: 1,150
From: Brandon,Fl
Your lawyer has the responsibility to get you as much for your injuries as possible. I think 75k is way low after everything you went thru. Wife was in a small accident years ago and didn't have any surgery but had/has minor spinal issues. Her lawyer said if she had surgery, settlement would definetly be 6 figures. .I'd be doing a lot of talking with your lawyer....
Road Master
Joined: Sep 2009
Posts: 766
Likes: 1
How old are you.....that neck thing will likely get worse....how many years will you have to live with it?......Insurance doesnt like to cover pre-existing injuries so any future problems will be at your expence and you can bet you will pay full retail for any surgery down the road to fix your neck and what sounds like nerve damage. $50k will disapear quick if thats the case.....and you likely will have spent it by then and be screwed. If you dont need the money to survive right now, I wouldnt settle at all!.....Chronic symptoms/pain never gets better, only worse!.....you will regret settling for a measly $50K when your med bills surpass that number quickly!!!!
Seasoned HDF Member
Joined: Feb 2006
Posts: 5,349
Likes: 647
From: Vegas, baby!
I won't offer any advice. Instead I will share my story and you can take from it what you want. In 12/06 I was involved in an accident. It totaled out the 883c that is my name here. But I wasn't hurt at all, nada, zippo. In fact I riding again a few hours later.
My insurance company paid me what I paid for my scooter minus $1000. So I was content there. But when I contacted the other guy's insurance, to try and get them to pay for a new helmet, they didn't want to talk to me.
So I contacted a personal injury attorney. And I went to his office to sign a paper allowing him to represent me. I waited almost two years to be called in for a deposition by somebody. Finally one day I was called into my attorney's office to verify the story they had been given, about the accident, by someone else.
I was there about 10 minutes and talked about the accident. A few weeks later they told me to come in and pick up my check. I signed the settlement agreement and was stunned by the amount of the settlement. It was for almost what I used to earn in 6 months working as a computer programmer/analyst. 75K may seem like a lot of money, but you were actually injured.
I received more then the attorney and about as much as the doctor's office where my attorney had sent me. On second thought I will offer advice. Get a lawyer, the insurance companies, are not your friend. And you were actually injured and may have problems related to the injuries the rest of your life. I don't know your age, but as I age I am feeling the affects of my youth riding dirt bikes.
Ron
My insurance company paid me what I paid for my scooter minus $1000. So I was content there. But when I contacted the other guy's insurance, to try and get them to pay for a new helmet, they didn't want to talk to me.
So I contacted a personal injury attorney. And I went to his office to sign a paper allowing him to represent me. I waited almost two years to be called in for a deposition by somebody. Finally one day I was called into my attorney's office to verify the story they had been given, about the accident, by someone else.
I was there about 10 minutes and talked about the accident. A few weeks later they told me to come in and pick up my check. I signed the settlement agreement and was stunned by the amount of the settlement. It was for almost what I used to earn in 6 months working as a computer programmer/analyst. 75K may seem like a lot of money, but you were actually injured.
I received more then the attorney and about as much as the doctor's office where my attorney had sent me. On second thought I will offer advice. Get a lawyer, the insurance companies, are not your friend. And you were actually injured and may have problems related to the injuries the rest of your life. I don't know your age, but as I age I am feeling the affects of my youth riding dirt bikes.
Ron
Tourer
Joined: Feb 2010
Posts: 270
Likes: 1
From: Texas
Having worked in the "Medical Profession" for 25 years, and dealing with a large number of Personal Injury patients, I can say that the offer is very low.
Based upon the seriousness of your injuries, including the cervical spine, factoring in the probability of future medical issues and expenses, you are IMHO entitled to a larger settlement. One more commensurate with the severity of your injuries.
Perhaps a second legal opinion is in order.
Good luck.
Based upon the seriousness of your injuries, including the cervical spine, factoring in the probability of future medical issues and expenses, you are IMHO entitled to a larger settlement. One more commensurate with the severity of your injuries.
Perhaps a second legal opinion is in order.
Good luck.
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Road Master
Joined: Jan 2009
Posts: 922
Likes: 0
From: Bow, NH
Not sure if you have actually filed a lawsuit yet. You may want to make sure that the Statute of Limitations period does not run out. Seems like a long time to wait for a settlement offer from the insurance company. Attorneys well versed in these matters should be able to provide you with competent advice. If this is the insurance company's first offer consider it to be at least 25% of what they may be willing to actually settle for.
The insurance company does not want to litigate - especially if experts on your side can demonstrate further damages. Additionally (and your lawyer should know this) please make sure that the settlement addresses Rights of Subrogation. You need to make sure that all claims paid by the other side represent a fair multiple of actual medical expenses, plus lost wages etc. Given the severity of your accident, you should be looking for a settlement that is based on at multiple of your special damages (regardless of who paid medical expenses). So lets say Medical, lost wages, medication, PT etc amounts to $40,000, the MINIMUIM you should be getting is $160,000 plus remibursement for property damage (if not already received). All this assumes that your medical injuries are not long-lasting. It is can be demonstrated that the "end of trauma" has not been attained then the number can go higher.
NOTE: THIS IS NOT LEGAL ADVICE, just based on personal experience. Your results may vary based on facts and circumstances. If the other guy was clearly at fault and already had a bad driving record, then it can look even better in your favor.
The insurance company does not want to litigate - especially if experts on your side can demonstrate further damages. Additionally (and your lawyer should know this) please make sure that the settlement addresses Rights of Subrogation. You need to make sure that all claims paid by the other side represent a fair multiple of actual medical expenses, plus lost wages etc. Given the severity of your accident, you should be looking for a settlement that is based on at multiple of your special damages (regardless of who paid medical expenses). So lets say Medical, lost wages, medication, PT etc amounts to $40,000, the MINIMUIM you should be getting is $160,000 plus remibursement for property damage (if not already received). All this assumes that your medical injuries are not long-lasting. It is can be demonstrated that the "end of trauma" has not been attained then the number can go higher.
NOTE: THIS IS NOT LEGAL ADVICE, just based on personal experience. Your results may vary based on facts and circumstances. If the other guy was clearly at fault and already had a bad driving record, then it can look even better in your favor.
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Road Captain
Joined: Jun 2007
Posts: 627
Likes: 3
From: Illinois
After reading the responses here, I have a question. How does the setlement relate to the medical coverage of ones insurance, In other words If the person you are sueing has 100K per person, is that all they will settle and any amount over that is the responsability of their client. If that person is not very rich then you could end up short after the medical and lawyer fees are paid out.
Road Master
Joined: Jan 2009
Posts: 922
Likes: 0
From: Bow, NH
After reading the responses here, I have a question. How does the setlement relate to the medical coverage of ones insurance, In other words If the person you are sueing has 100K per person, is that all they will settle and any amount over that is the responsability of their client. If that person is not very rich then you could end up short after the medical and lawyer fees are paid out.
That is a correct assumption. The insurance company will only pay up to the limits of the policy.