by Guest » Thu Jan 08, 2009 04:11 pm
I was involved in accident back in july where car ran red light and hit me as i was passing through my GREEN light. I was injured and set in ambluance till my son arrived then he took me to hosiptal. Had sore chest and side from impact and air bag and seat belt. SO my doctor 3 days later with pain more serve gave me pain pills and stay out of work for week. Went back to work and by the end of that week was in very bad pain from back muscle spasms. Went back to doctor he did xrays gave me more pain pills and muscle relaxers. Have seen him 3 more time and he sent me to physical therapy which i went to 7 times. ( hard to do when you have no car and have to beg for rides!) My car was totaled ($6,456). Was out of work for a total of 6 days ($593). Total of medical bills and physical therapy was $2340.
Was finally released 5 months later so insurance adjuster offered me medical ($1990)lost wages ($472) and pain and suffering of $2014. I told that was not acceptable because to begin with she didnt have my med. bills correct and my lost wages were not correct . I told I would get back to her with the correct information she needed. I sent her a demand letter attaching all the correct information and asked for $18,000 ( I know this is high but just a starting place) for pain and suffering .
Any suggestions on a meet in the middle amount!! Im thinking around $9,000? Thanks for any advise with this.
Was finally released 5 months later so insurance adjuster offered me medical ($1990)lost wages ($472) and pain and suffering of $2014. I told that was not acceptable because to begin with she didnt have my med. bills correct and my lost wages were not correct . I told I would get back to her with the correct information she needed. I sent her a demand letter attaching all the correct information and asked for $18,000 ( I know this is high but just a starting place) for pain and suffering .
Any suggestions on a meet in the middle amount!! Im thinking around $9,000? Thanks for any advise with this.
Posted: Thu Jun 13, 2013 05:04 pm Post Subject:
I think only you can put an "in your pocket" value on this, reverse engineer the math, and determine what it's worth. In other words, assuming the medical expenses are $30,000 and lost wages are $1500, you have $31,500 in hard costs, and the attorney will take $10,500 of that. If you want that $1,500 in lost wages restored to your pocket plus another $100,000 added to your pocket ($101,500 total), for example, then your gross settlement must be for about $197,250.
To get to that number: 100,000 + 30,000 + 1,500 = 131,500
131,500 / 2 = 65,750 * 3 = 197,250
(131,500 / 0.6666666667 = 197,250)
In this example, the attorney skims 1/3 off the top = $65,750.
The medical insurance company gets its $30,000.
That leaves $101,500 for you (100,000 + 1,500).
If there are additional attorney's expenses which need to be accounted for, then you have to increase the total settlement by that additional amount divided by 0.66666667 (i.e., $2500 in costs = $3750 in gross settlement money), in order to still walk away with $101,500.
If you hadn't already hired an attorney, you would have been able to say to the insurance company, "Look, I think I could easily win $100,000 from a jury for my injuries, plus my medical bills and my lost wages. But for me to walk away with that much in my pocket, I'd have to sue you for about $200,000, because the attorney will get 1/3 of the medical expenses + 1/3 of my lost wages. So just cut me a check for $100,000 and pay my $30,000 medical expenses, and I'll forget about the $1,500 in lost wages." You'd have saved the insurance company more than $67,000.
This is the part about rushing to hire an attorney that most folks don't understand. If folks would first stop to consider the cost, and then articulate that to the insurance company, everyone involved would save a lot of time, money, and effort. A reasonable request, coherently stated, gets results without being adversarial. I've shown many people how to do this with success.
Now, if the insurance company still refused to work with you to resolve the claim, THEN you go hire an attorney and sue them for more money. If what you've asked for without the attorney was within the limits of the policy, they should settle the claim to avoid a potentially larger loss. When an insurance company fails to settle a claim at or within the policy limits before trial, they would probably be on the hook for any amount awarded in excess of the policy limits.
Posted: Mon Jun 17, 2013 01:29 am Post Subject: Car Accident
Thank you so much for all your advice. I guess I'm one of those who made the mistake of rushing to an attorney too soon after the accident happened. I saw my attorney on Friday and he did not make things sound any better for me. I'm going to give you a bit more information about the accident because I am really needing some serious advice here. I know I have one chance at this and I want it done right.
The accident involved my husbands car, a tow truck and a pick-up truck. We were heading south driving a good distance behind the tow truck. The pick up truck was going north. The tow truck crossed the center line, hit the pickup, which caused the pickup to veer into our car. Our car was totalled. My husband got a broken knee cap, broken wrist and several fractured ribs. I got a badly broken thumb and a concussion. My husband has three screws permanently set in his knee. He suffers pain daily. I suffer pain daily with my broken thumb and will never be able to bend it again.My thumb was broken at the joint closer to the fingernail. Because it won't bend I have a hard time doing my daily chores and enjoying my hobbies.
Kansas has a cap of $250, 000 for pain and suffering. What do you think is a fair amount for each of us?
Posted: Mon Jun 17, 2013 08:52 am Post Subject:
I suffer pain daily with my broken thumb and will never be able to bend it again.My thumb was broken at the joint closer to the fingernail. Because it won't bend I have a hard time doing my daily chores and enjoying my hobbies.
OK, now we're getting back into chimpanzee territory. Without the use of an opposable thumb, you are distinctly limited in your ability to work or perform many tasks.Once again, like the Kansas Supreme Court has said, there is no formula, calculator, or method for making a determination of what is "fair" or "just". A jury hears the evidence and makes a decision. If the amount, in Kansas, is more than $250,000, the judge must award $250,000. He cannot award more nor may he reduce that amount. And the jury is not supposed to know that in advance, so the judge cannot give that information as part of the jury instructions.
The limitation on "noneconomic" damages is per person, so both you and your husband can demand $250,000 for your pain and suffering and probably get it without the need for a jury trial. Which means you probably could have gotten it without an attorney.
Maybe you could argue that trial attorneys have a duty to disclose this prior to obtaining a retainer from plaintiffs such as yourselves, and that absent such disclosure, attorney's fees in civil negligence trial situations are an unconstitutional taking of the plaintiff's property. And unless your original statement about $500,000 was for both you and your husband's injuries combined (a concealment on your part), perhaps your attorney is guilty of misrepresentation in leading you to believe he could get you that much, when it is not true.
With an attorney, you will necessarily lose the attorney's fees -- 30% to 40% of your total recovery. This is perhaps an issue that the state Supreme Court might be willing to hear, ultimately, on appeal -- that so called "tort reform" worked by the legislature in the 1980s should have required attorney's fees to be awarded in addition to a plaintiff's noneconomic damages, because to allow them to be taken from the adjudicated award becomes "economic damage". I don't know if that issue has ever been taken to the appellate level in Kansas.
At least one Supreme Court Justice, in Samsel v. Wheeler Transport Services, Inc., 789 P. 2d 541 - Kan: Supreme Court 1990, supported the concept that the Kansas statute in question, limiting jury awards by removing the trial judge's discretion to reduce an unreasonable jury award, as well as limiting a deserving plaintiff's noneconomic damages to $250,000, was unconstitutional.
Your right to recover 100% of your economic damages is absolute, but most of that money will go to the insurance company that paid your claims (if any), and will also be subject to the attorney's taking first.
Like many people who rush themselves into an attorney's open arms, you have suffered twice by hiring an attorney in this matter.
Posted: Tue Aug 27, 2013 11:51 pm Post Subject:
My husband was hit in the chest with post hole digger. How much should I ask for ......for pain an suffering...
Posted: Wed Aug 28, 2013 01:48 am Post Subject:
You were not injured, you cannot ask for anything. As for your husband, we have no details, and cannot give you an answer. That's up to a judge and jury if you cannot reach an agreement with the insurance company. Some attorneys will tell you they can get you 2 or 3 times the total medical bills, but that's not a rule.
Posted: Mon Jun 02, 2014 01:41 pm Post Subject: required documents
good morning I just need to know what legal documents I need to show that I was going to see the doctor. the dentist already provided the days I was there but the company wants a letter from my employer legal letter showing I requested time off work. I provided a letter showing that I work full time 8-5pm mond-frid therefore my appts were between those hours. I don't want my employer involve in this do I must request that letter. thanks :?
Posted: Mon Jun 02, 2014 07:58 pm Post Subject:
I don't want my employer involve in this do I must request that letter.
Your employer is not "involved" in this at all. But if the insurance company needs documentation from your employer showing that you missed time from work, that is a reasonable request. After all, you could have take the day off on vacation time, and collecting from the insurance company for the same hours not worked would be fraud.For that, you could get the next five years off work -- while behind bars in a nice state prison for your felony conviction.
If you lost actual time from work due to a third-party incident, then you need to prove that to the insurance company in order to be paid. Pay stubs should work, but a letter from your employer will suffice. Your employer should have no difficulty accounting for your time and putting that into writing.
Posted: Mon Jun 30, 2014 02:32 pm Post Subject: Pain and Suffering
So, back in April I suffered a nasty fall when the elliptical machine I was exercising on broke (weld on the foot pad snapped off). I landed hard on my shoulder, and damaged my neck/back. After going for X-Rays, my doctor found proof of muscle spasms (possible nerve damage) and referred me to physical therapy. PT has lasted for 6 weeks, with no end in the foreseeable future. PT has also instructed me to perform at home exercises (45 minutes/day - 5 days / week). To this point, total medical expenses $3,185, and missed work (1 day) $404. Yesterday, I submitted my request to the manufacturer requesting reimbursement/compensation totaling $21,909 ($above listed costs, $400 for refund of machine, and $17,900 for pain and suffering [Approx multiple of 5]. Given I live in Baltimore, MD, and the potential for on-going pain/medical treatment, 1) Is this amount too much? 2) Should I have waited until all medical procedures were complete? 2a) How long is "too long" when waiting to see how my body responds to therapy?
Posted: Wed Jul 02, 2014 02:43 pm Post Subject:
I submitted my request to the manufacturer requesting reimbursement/compensation totaling $21,909 ($above listed costs, $400 for refund of machine, and $17,900 for pain and suffering [Approx multiple of 5]Good luck with that. As long as your injury has not been resolved, they are not going to pay $0.01.
And it is unlikely that they will easily accept liability for the faulty product, which, I assume, you still have in its broken condition so that a proper forensic examination can be performed.
1) Is this amount too much? 2) Should I have waited until all medical procedures were complete? 2a) How long is "too long" when waiting to see how my body responds to therapy?
1) YES. 2) YES. 2a) One day longer than the statute of limitations for a product liability/personal injury tort.Posted: Wed Sep 17, 2014 12:30 pm Post Subject: Have I over estimated?
I'm a Paralegal Student and in May 2014, I broke 2 toes while walking in a parking lot that was covered in potholes.
I lost Financial Aid because I got injured the day of finals.
A failing grade lowered my GPA last Spring which got me kicked out of school for Summer and Fall semester, so I lost Aid for all 3 semesters.
- (3) $800 grants
- (2) $1,700 loans
- Lost Income = 7,500
- Pain & Suffering. = 7,500
- Physical Therapy (16 visits) = 3,600
- Pain Management Dr (4 visits) = 3,000
- 1 orthopedic surgeon visit = 600
- gas and mileage = 300
- attorney fees = 7,500
TOTAL. $35,100
I'm estimating but I believe my case is worth $35,000 or more so I want to take home at least $15,000
Any advice ?
Add your comment