Can anyone shed some light on proper personal injury claim settlement amounts?

Question

My mother and sister were in an accident a few months back. A lady rear ended them while they were stopped at a red light. She took full responsibility for the accident.

Damage to the car was not very visible to the naked eye. Rear bumper damage but when we took it to the body shop vehicle frame damage was discovered.

Initially the other insurance company offered $500 for the car damage but bumped it up to $3000 when they saw frame damage. That has all been paid and what remains is the personal injury claim.

One day's worth of hospital bills for my mom and sister ran nearly $8,000. The other insurance company classified the situation as standard whip lash. He offered to pay the outstanding bills and give $500 each for pain and suffering and $300 each for future treatment.

I used www.eorthopod.com to learn about whiplash injuries and long term pain as a result. Both my mother and sister still feel some pain and I'm afraid of long term damage.

Help please!

Answer 1

Typically there is no long term damage from whiplash.

Unless there is something broken, fracturer, ruptured or torn, it is just muscle and ligament pain, and after a week or so, the stifness will go away.

Try to negotiate some physio into the settlement, which will be ongoing, for around 3 months, and also possibly some hydrotherapy.

Pain and suffering is neither here nor there. If you get something for it, good for you, if you dont, so be it.

Answer 2

A lawyer can not get you 50,000.  So, don't even go there. Your claim is worth what it's worth - regardless if you have an attorny or not.

Each claim is evaluated on it's own merits. The injury is what it is.  So, we can't tell you what to settle for. I have not seen the photos/estimate of your car, the car that hit you, your mother/sisters medical bills/reports.

If your mom and sister incurred 8000 in meds in 1 hospt trip - that's likely a good 80% diagnostic.  If the x-rays, Cat Scan/Mri that were done shows nothing wrong - then those things don't add value to the claim other than the cost of the proceedure.

A whip lash injury is a soft tissue injury. It will resolve itself with time. It is not a permanent injury and it will not cause life long problems.  It will usually resolve itself. Although, anti-inflamatories and muscle relaxers can help.

http://www.webmd.com/back-pain/tc/whipla...

As long as you don't get greedy and think that this is going to solve all your financial problems you should be fine.

Answer 3

If you get an injury Lawyer you can get at least  50,000.00 !!  Yes , the lawyer will get 33% , but you have no way of knowing future expenses !!    Call a lawyer ASAP !!!!    Seriously, i am not a person who want's to rip off insurance co. but get what you have comming to take care of future med. bills.  Just be honest and you should get a honest settlement !!    50 years insurance in the family.   Good luck !!