by Guest » Fri Jun 13, 2014 05:11 pm
Hi all - in a car accident a little over a year ago. A couple bulging discs (deemed permanent damage), continued headaches, anxiety while driving and neck pain. After going to my PCP, MRI with a neurologist, PT, and chiro/massage care, I'm throwing in the towl. I think I have reached MMI - so does my doctor, although I will have residual issues for the rest of my life. Now it comes down to settlement time. Medical bills total over $13,000, time loss totals $4,000. Medical has been paid (mostly) by PIP (complete with an IME that stated that treatment was necessary and actually recommended more PT treatment - which I did).
What should/could I expect for general damages? I'm not going to bore you with the gritty details and the "woe is me" tale, but it's been rough.
Any help on what to counter with when they offer? (I think the adjuster will be fair, but just wanting to get opinions) And I am not even considering hiring an attorney, I don't need to waste 33% of the settlement on someone to write one letter for me and drag it out another two years.
What should/could I expect for general damages? I'm not going to bore you with the gritty details and the "woe is me" tale, but it's been rough.
Any help on what to counter with when they offer? (I think the adjuster will be fair, but just wanting to get opinions) And I am not even considering hiring an attorney, I don't need to waste 33% of the settlement on someone to write one letter for me and drag it out another two years.
Posted: Fri Jun 13, 2014 05:37 pm Post Subject: Also....
I forgot to ask (I live in OR) - my PIP has paid my medical expenses thus far. My assumption is that they will seperately request those funds from the at fault carrier (they have assumed fault). Is this accurate?
If this is an incorrect assumption, I will need to include the subrogated medical bills into my general damages calculation.
Posted: Sun Jun 15, 2014 03:43 pm Post Subject:
What you are asking about is really compensatory damages for "pain and suffering." You cannot make a claim for the medical expenses, and I think you know this. You want to know how much your injuries are worth.
No one can answer that question for you. Would you accept the policy limit of liability, knowing that meant you would get $5000 because that is all which remains available (because of medical expenses which may have to be subrogated)? Are you looking for $1,000,000 because you will have spinal problems the remainder of your lifetime?
You need to have an honest discussion with the at-fault person's insurance company -- which may not be entirely possible, because they usually don't want you to know how much insurance is or is not available.
But you never know. If you think your injuries are worth $100,000, then you could talk to the claims person handling your case and say, "Look, let me give you my bank account number. If you promise to deposit $100,000 in that account, I will sigh a release of liability for your insured." And they might do that.
The answer is up to you.
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