by Oneloveonelyfe » Wed Aug 25, 2010 03:19 am
On June 9, 2010 I was stopped at a red fire station light. I watched the fire truck start to exit it's driveway when it stopped and laid into his horn. I looked into my rear-view mirror to see what he was honking at and then bam I was rear ended. I had been stopped for about 10 seconds before I was hit. The speed limit on that road is 45mph and the firemen who were witnesses said she came flying down the hill. She was cited for inattentive driving and only had an intermediate license. My car was totaled and so was hers. I took myself to the er 2 hours later as the pain started to seriously increase. I was diagnosed with neck sprain and back sprain. 2 days later I returned to the er after trying to help carry in groceries and heard a pop in my back followed by a stabbing pain. The diagnosis was Myofascial strain lumbar. A day later I returned to the er with a severe headache, making me nauseous and dizzy. The diagnosis was tension headache. I followed up with a clinic and they prescribed me chiropractic therapy. I received chiropractic therapy every day for 3 weeks. Then 3 times a week for another 3 weeks and since then have been going for two times a week. Following the accident the doctor gave me a release from work for 3 weeks. Her insurance company has sent me a letter accepting fault. At this point the pain in my neck is gone and the pain in my lower back comes only when I put my body under load (standing for long periods or doing moderate to hard work). I have been a cement mason for the last ten years and I don't feel that I can do continue doing that type of work unless I'm willing to do it in pain. So I've enrolled in school and start next month for automotive technology. I have gotten all paperwork (bills, er discharge, police report and all that would be needed) just in case I seek an attorney. I am sure that her insurance company will low-ball, but would just like an idea on what a fair counter demand would be for my settlement. I have suffered mental anguish over many aspects and have documented them all. From not being able to interact normally with my 2 year old son to depression from financial worries for being out of work during the 3 weeks to what will I do if I can't do concrete anymore (it's all I know). I'm not some greedy dude but feel I do deserve something as this accident HAS affected my life in many ways. My medical bills are close to $10,000. Sorry I wrote too much, just wanted to give a info so that whoever responds can respond more accurately. Thank you for your time. Brandon
Posted: Wed Nov 28, 2012 02:15 am Post Subject: Rear-end by semi
Rear-ended by semi while at work. Minor injurys and back to work 1 and a half months later. Medical bills paid and was paid while off. I'm 32 and the large trucking company offered me personally $7000. Looking around on net between settlements with lawyers and the settlement calculators that seems low. I haven't the slightest idea if that is fair or not.
Posted: Wed Nov 28, 2012 04:43 pm Post Subject:
I haven't the slightest idea if [$7000] is fair or not.
Of course you do, or you wouldn't be asking your question. You don't think it's "fair" and you want a second opinion. Nothing wrong with that.
settlement calculators
These are utterly worthless. No court or jury uses them, so why should you? They are gimmicks devised by lawyers to get you to bring them your case. They write a couple of letters (probably already in the computer, just have to insert names and dates), and collect the contingency fee worth about $1000 to $2000 per hour -- about 5 to 10 times what a court would allow as hourly legal fees.
You are involved in a game of chicken. The insurance company is offering what it thinks is a substantial amount of money -- enough to make you and your claim go into the CLOSED CLAIMS file. Unless you have a permanent disability or disfigurement, your matter isn't worth much more than about $10,000 for "pain and suffering", if even that much.
If $7,000 is not enough to make you happy, you can ask for more . . . as much as your heart desires. But eventually, you and the insurance company will do one of two things: (1) agree on a value that is reasonable to all concerned and settle the matter, or (2) agree to disagree, in which case you have nothing in hand and the insurance company is done making offers to you for the time being.
If you fail to reach a settlement, you would have to file a civil suit in order to have a chance of obtaining a judgment for a higher amount than the insurance company was offering. No matter what any attorney tells you, there is no guarantee that you would win a larger amount, and there is always a possibility that you wouldn't win a dime -- the answer probably lies somewhere in the middle. That's the risk of going to court. Worse odds, actually, than red or black on the roolette wheel, because if you win the bet in court, your attorney claims a large share of the winnings. You certainly wouldn't give him 40% of an "even money" bet like RED or BLACK, would you?
Unless you are a highly skilled personal injury attorney, you will need one of those to take your case to trial (even though your small potatoes case would probably never see the inside of a courtroom). For the privilege of getting you a "fair" settlement from the insurance company, the attorney will take -- right off the top -- 30% to 40% (or more) of your settlement (plus court costs and some other fees which, together, could be in the range of $500-$1,000).
So do the math. The insurance company today has put $7,000 on the table. With an attorney, you would have to settle for at least $11,500 to end up with the same $7000 NET (or a little more) in your pocket. Your case is not worth millions of dollars. It might not even be worth $10,000. That's for you to decide.
If you think it's worth $10,000 to make this all go away, then ask for $15,000. Expect the insurance company to offer less. If they offer $10,000, consider yourself fortunate and take the offer, agreeing to drop any future claims for this incident. You will have done better than an attorney would do for you in this case.
If you were to hire an attorney with a 33% to 40% contingency fee, and he negotiates a "fair settlement" of $10,000, you will end up with less than $6,000 NET. You already have an offer that's at least 16.67% higher than that on the table, so, from my perspective, hiring an attorney at this point is a waste of your time and money.
But feel free to do as you please.
Posted: Thu Dec 06, 2012 05:21 pm Post Subject:
i got a letter in the mail from my attorney and it said my demand will be coming in 30-45 days what does that mean???
Posted: Sat Jan 05, 2013 04:31 am Post Subject:
I was in a car accident two days ago. I was at a very busy intersection and went thru a yellow light because I did not have time to stop. The other vehicle was making a left hand turn and obviously ran the red light or was already going and her light turned green and I was still in the intersection. She admitted she was not paying attention and she did not even see me.
I was a little distraut at the time but did not feel as if I sustained any injuries.( I am a 42 year old male with no prior back or neck injuries. I live in Louisville, Ky.) The next night I began to get a horrible headache and my neck and lower back is hurting really bad. My neck being the worse.
I have a family doc and do not want to go to the emergency room, and did not at the time of the accident, because I did not feel I had any type of injuries that were an emergency. I do think I need medical attention and I do not feel like I will be able to go to work until the pain resides due to the labor intensity at work.
What do I do from here? When I spoke to my insurance company the day following the accident I was honest in telling them I am fine however now I am not. So what do I do at this point? Should I call them and let them know my current condition or just go to the doctor and keep everything documented?
That you in advance for your time and your advice.
Ermin
Posted: Sat Jan 05, 2013 06:06 am Post Subject:
See below.
Posted: Sun Jan 06, 2013 07:36 pm Post Subject:
Anything documented at this late date will be suspect. You are free to submit any claim you would care to, but now it wlll be examined with an eye toward insurance fraud.
Why? Imagine what some folks actually attempt. I wasn't hurt in the auto accident, but a few days later I slipped and fell in the shower and my back hurts. I'll tell the insurance company it's a delayed response from the accident, and they'll pay me for it.
I'm just saying . . .
Posted: Tue Jan 15, 2013 06:28 pm Post Subject: I need done suggestions please
I had a car accident October 2011. The fire truck backed into the front if my car while I was in there with my two babies. It damaged the entire front of my vehicles and my pain is unbearable with my bank Neck and head after all this time I'm experiencing difficulty with my pain and wasn't compensated for my injury. The police had issues three tickets but they were all dismissed in court. I had a lawyer but he said that he can't do anything for me. Could you please give me some suggestions please?? Thank you for looking into my matter.
Posted: Wed Jan 16, 2013 03:11 am Post Subject:
Given the fact that the accident was fifteen months ago, you should be aware of the statute of limitations (i.e. the deadline to file suit). Normally two years in most states, it is sometimes shorter when dealing with governmental agencies. Since a fire truck struck you, it might very well fall into the shorter category. If you do not trust the advice of your attorney, you can contact the local bar association and get a second opinion consult with another attorney. Alternatively, you could ask your own attorney for a better explanation about the merits of your case.
Posted: Tue Apr 30, 2013 06:09 am Post Subject: rearended
I was rearended which it cause a front end collision into a ditch. I have had 2 neck fusions, a shoulder surgery, and a hysterectomy all over two years ago. I am now having a great deal of pain in my shoulder, neck, and now lower back pain (horrible lower back pain) . Should i bfe worried about getting my medical bills pain and a settlement for pain and suffering.
Posted: Wed May 01, 2013 12:36 pm Post Subject:
Seems like you're in a pretty tough situation. Well, you've got to show proof of medical verification else it's difficult to prove who suffered in the accident actually.
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