by Guest » Sat Oct 01, 2011 12:17 pm
I was painting a house for my neighbors. On a ladder 18" in the air above the garage.
The lady of the house ran out, started her car, and abruptly pulled out of the garage hitting the ladder and knocking it, the paint and myself to the ground. It happened so fast I didn't know what happened - I had 7 major tears in my right rotator cuss, scratches and bruises. hey took me to the emergency room and was scheduled to see a specialist.
Our insurance is paying for all of my surgical and medical including medicine. My neighbor's insurance company has not paid one dime to date for this accident saying that when the Dr. releases me then they will offer me a settlement for lost wages and pain & suffering. What I don't know is how to compute the pain and suffering. Could you please tell me.
The lady of the house ran out, started her car, and abruptly pulled out of the garage hitting the ladder and knocking it, the paint and myself to the ground. It happened so fast I didn't know what happened - I had 7 major tears in my right rotator cuss, scratches and bruises. hey took me to the emergency room and was scheduled to see a specialist.
Our insurance is paying for all of my surgical and medical including medicine. My neighbor's insurance company has not paid one dime to date for this accident saying that when the Dr. releases me then they will offer me a settlement for lost wages and pain & suffering. What I don't know is how to compute the pain and suffering. Could you please tell me.
Posted: Fri Oct 07, 2011 12:26 pm Post Subject:
Hi,
I sympathize with what you're going through. As your neighbor is responsible for the accident, you can always claim compensation from your neighbor if you're not satisfied with what your insurance company is paying you.
Posted: Fri Oct 07, 2011 07:01 pm Post Subject:
Yeah...that's the good neighbor attitude!
The Insurance company will compute the lost wages and fair compensation and make you an offer. Remember, it's "fair" in their eyes...which means its negotiable. Wait to see what they offer and then form an opinion.
Getting on the internet to get answers is sure to point to to an attorney. If you have a great friend who's an attorney and you'd like to donate 30+% to him as a token of your affection...I'd say "go for it" Otherwise, you normally have two years to file suit so I'd recommend not rushing into a lawsuit.
Posted: Sat Oct 08, 2011 03:46 am Post Subject:
My neighbor's insurance company has not paid one dime to date for this accident saying that when the Dr. releases me then they will offer me a settlement for lost wages and pain & suffering.
SUBROGATION ALERT!! SUBROGATION ALERT!!
Don't fall for this!! Your own health insurance should not be paying ONE DIME or less for your injuries and their care. PERIOD, end of discussion! When you accept a settlement for "lost wages and pain & suffering" you are completely ignoring the medical expenses, and those must be paid back to your health insurance company.
"Why?" you ask. Because your health insurance is only supposed to cover FIRST PARTY claims -- your injuries done to yourself, your sicknesses. It is specifically not intended to pay for tort claims -- damages caused by a third party, which, in your case, is your careless neighbor. She is not only responsible for your lost wages and pain & suffering, but also for 100% of your medical expenses.
When you, or your lawyer, forgets to add those expenses to the amount you are seeking, here's what would happen (if you used an attorney): Let's say the insurance company offers you $200,000 for lost wages and pain & suffering, and you accept the offer. Your attorney collects $66,667 right off the top. You think the remaining $133,333 is all yours. And then your health insurance company steps up to the plate for the $135,000 it paid for services/supplies provided as a result of your injuries. You owe them the $133,333. They will "waive" the remaining $1,667 in unpaid expenses.
So, who was it that was injured in the first place? Of course, it was you! And what did you get? SCREWED by your attorney who must have slept through the lecture on SUBROGATION in law school.
Any settlement you work out with the neighbor's insurance company must include, at a minimum: (1) all medical expenses to date; (2) future medical expenses directly related to this injury event (you surgeon may say, "We successfully repaired your rotator cuff, and you should be fine for years to come." Did you see his crystal ball? He cannot guarantee that you will never need a new, but related repair in the future; (3) all medical miles traveled, at the IRS rate; (4) lost wages and related out-of-pocket expenses; (5) finally, you can ask for the "special" damages we know as "pain and suffering." If you're married, your wife could be entitled to compensation for "loss of consortium", and your children could be entitled to compensation for "loss of affection".
So, the point is . . . there is far more to a claim such as yours than simply lost wages and pain & suffering. If you believe you need the assistance of an attorney in collecting a reasonable settlement, then it's time to ask the attorneys you are deciding on one question "So what's this thing called subrogaton I've heard of?"
If he says, "Oh, don't worry about that," it's time to find a new attorney.
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