Insurance claim

[mebfalcon]

I was injured in a car accident (not my fault) a while back. I had back problems. Took several doctor's visits and 2 rounds of physical therapy. I"m finally starting to believe that I"m better and am considering settling. I did not hire a lawyer. I'm not sure how much "pain and suffering" I'm entitled to. I had 1 urgent care visit, 2 doctor's visits and probably 15-20 visits to PT. Any ideas? I'm not trying to rip anyone off but this was a pain (both literally and figuratively) and frankly you never know if it will flair up again.

 

[HaleyB]

Get a lawyer!!

Yikes, it is so dangerous to settle a claim on your own, future medical is just the sort of thing only a lawyer is going to be able to get for you.

 

[Cheshire Figment]

Before you get a lawyer, I would suggest talking to the insurance company. Bring a list (and receipts or proof of payment) of all of your medical visits and explain what additional treatment, if any, which you require and indicate the pain, etc., which you have had. See what they will offer, or suggest an amount which you feel is fair for you.

If you feel that they are not offering enough, don't sign anything and then go to a lawyer. If you go to a lawyer first the insurance company will not talk to you at all and you will find that anything which the lawyer gets for you, whether from a settlement or trial, will have expenses taken off the top and somewhere between 30% to 40% of the balance taken as the attorney fees.

 

[Girlie1]

A lot depends on the area where you live what the "going rate" for pain and suffering. If you get a lawyer typically they will then get 1/3 of the settlement. Based on the information you provided you probably would make out better negotiating yourself. Don't forget to include time off of work and any lost wages.

 

[wdwfan16]

You also need to consider future medical problems that could be related to the accident.

 

[ajk912]

From what I understand, if your insurance company finds out that you are suing then they may ask for the medical bills to be paid, so make sure you take that into consideration when asking for a number.

 

[tinkarooni]

Just FYI, you can't get anything for "future" medical treatment unless you have a medical professional who states that it will be needed. For example if you have a scar and will need scar revision, the dr will have to provide in writing an estimated cost of future treatment. Claims Adjuster here.

You also didn't say what your diagnosis was, makes a difference in the value. I'm guessing lumbar or cervical strain?

 

[a1tinkfans]

I was injured in a car accident (not my fault) a while back. I had back problems. Took several doctor's visits and 2 rounds of physical therapy. I"m finally starting to believe that I"m better and am considering settling. I did not hire a lawyer. I'm not sure how much "pain and suffering" I'm entitled to. I had 1 urgent care visit, 2 doctor's visits and probably 15-20 visits to PT. Any ideas? I'm not trying to rip anyone off but this was a pain (both literally and figuratively) and frankly you never know if it will flair up again.

Don't know what state you are in but you would likely not qualify under NYS Threshold. Were you incapacitated from working? How much lost work? 90 out of the first 180 days following the loss? How much out of pocket, two rounds of PT and a few dr visits is minimal. I am not trying to demean or trivialize your injuries or treatment, but instead will let you know that it is "light" in both area's.....proof will be needed for medical treatment, any future alleged issues need to be documented and in addition, negligence laws vary state to state, so that also plays a huge part in any claim.
An attorney would provide you with an idea (usually a free consult) as to whether you even have a valid claim, they generally take 1/3 PLUS the fees, (which will add up). Can you do it alone, yes, is it easy, no and you'll likely recover less as adjusters are well versed in handling thee types of claims (if your claim is even considered a payable one). Some feel attorneys just take your money, but in your case, with no experience to handle a claim evaluation and negotiation, it'd probably be worth it to at least speak with one. There are good attorneys out there that will be upfront and not waste your time or theirs. Find a personal injury lawyer who deals with this particular area of law.
Good Luck to you. Most important, hope you make a complete recovery, accidents are awful!

 

[KATIESMOMMY]

Just remember if you go the lawyer route you will pay them a third or more of your settlement.

 

[MomToOne]

No legal advice, just a story to tell:

My father once got in a very bad car accident, where the car was totalled and he suffered a major 4" cut on his head. He suffered some minor neck pain because of it that was treated, and was left with a noticable but not horrible scar on his forehead.

He went to see several lawyers about his claim. None of them were interested in taking the case, told him he was going to get the medical claims paid and the value of the car from the insurance company, but nothing more.

So he took matters into his own hands, and proposed his own settlement to the insurance company. He ended up with about $10K above the medical costs and car. And this was over 25 years ago.

 

[disneymarie]

I was injured in a car accident (not my fault) a while back. I had back problems. Took several doctor's visits and 2 rounds of physical therapy. I"m finally starting to believe that I"m better and am considering settling. I did not hire a lawyer. I'm not sure how much "pain and suffering" I'm entitled to. I had 1 urgent care visit, 2 doctor's visits and probably 15-20 visits to PT. Any ideas? I'm not trying to rip anyone off but this was a pain (both literally and figuratively) and frankly you never know if it will flair up again.

Way too early to settle, a good outing of walking will likely flare hidden problems. I had leg pain down the thigh, into the foot and found out that it was actually my back. That was 10 years ago. Now the degenerative stuff on top of it has me a mess. I do hope that it was strain and no long term after affects.

Don't forget too, in the future if you are in another accident or injury this accident will likely come up. So if you are 100% make sure so you DO NOT need any more treatment.

Give it time they will approach you to settle, likely a low ball figure.....no reason to hurry. Listen to your body really well...push the limits.

 

[Leajess99]

I was injured in a car accident (not my fault) a while back. I had back problems. Took several doctor's visits and 2 rounds of physical therapy. I"m finally starting to believe that I"m better and am considering settling. I did not hire a lawyer. I'm not sure how much "pain and suffering" I'm entitled to. I had 1 urgent care visit, 2 doctor's visits and probably 15-20 visits to PT. Any ideas? I'm not trying to rip anyone off but this was a pain (both literally and figuratively) and frankly you never know if it will flair up again.

Did the insurance company pay your bills through PIP?? See what they offer and then decide from there. If they did not pay off the medical bills than add the cost of those on to whatever you request as well. IF you decide to hire a lawyer they will get a good amount of the settlement so just be aware. I settled withOUT a lawyer and was not messed over in my opinion. My youngest's claim was also settled without a lawyer. All medical bills were covered through PIP but I exceeded the max payout so my settlement was increased to cover the medical as well. Good Luck and feel free to PM me if you would like.

ETA: Here is a calculator to help you look at what your calim may be. http://www.after-car-accidents.com/personal-injury-calculator.html