I got rear-ended and got whiplash. i'm worried about settlement?

Question

I got rear-ended and the guy who did it admits fault. I have a pre-existing neck problem and there's this thing called the eggshell clause or something like that--where if someone hurts you when you are fragile, they are responsible for all of your care thereafter. my question is-- what is a reasonable settlement here do you think? i think it will be a problem for a long time. i'm not a litigious person and it's wierd, this whole thing. but what is a reasonable settlement? does anyone know? should i get a lawyer?

Answer 1

First of all, you don't even now how much coverage the other person has, before you start thinking you hit the jackpot.  If they only have a $10,000 limit, that is your limit.  Know what you're working with first.

Answer 2

Nobody can answer this question without reviewing your medical reports, both prior and current.  Also, just because you may have been injured does not mean you are entitled to any monetary compensation.  The threshold requirements vary from state to state.  Some are verbal, some are monetary, and some you have to sustain a "serious" injury.  The definition of "serious" also varies.  

Assuming you are tort eligible, the claims adjuster will evaluate your claim based on the nature and extent of your injury, disability(total/partial), treatment and permanency, if any.  You have a prior medical condition, so your claim will be discounted if you had been treating for this neck problem prior to this loss.   If you do not and cannot reach your baseline because of this accident,  you will probably be given a permanency rating.  You may also be asked to attend an Independent Medical Examination, if a permanency rating is give to you.  In all likelihood, the claims adjuster will probably request all of your medicals and send them off for a medical review to determine if this loss exacerbated your prior condition.

If you live in a No-Fault state, your probably have PIP coverage.  This coverage will pay for your medicals and a percentage of your lost wages, if any.  If you do not have this coverage or Medical Payment coverage, your meds and lost wages will be included in the settlement assuming you are  tort eligible.  

You do not need an attorney to guide you through this process.  Just be up front with the adjuster.  If you cannot agree on a settlement amount, then go ahead and get an attorney.  However, the case value will not increase just because you get an attorney.

Answer 3

I went through the same thing... I was rear ended a year ago and settled my claim last week.

While researching I ran into "Dan Baldyga" book.. I would search for it and get it (I think it costs $20). It has wealth of information.. After reading the book few times I handled everything myself....no lawyer.

There is no magic formula on the payout; there are lot of variables and you will know more upon reading the book or going through similar posts by other people..

I had/have back and neck pain resulting from the accident (whiplash). My medical bills were $6500...

I settled for $22K last week... minus the medical bills, so I received appr $15 K for pain and suffering...

Hope that helps... Good Luck!!

Answer 4

>>> i'm not a litigious person

You have no choice.  If you don't get a lawyer, the insurance company will just say they will take care of you.  But they are just stringing you alone just to run out the clock (where you cannot file a lawsuit).  Then they will just deny any payment.

You have something like 30 days to file.  My wife was hit and this is what I found out.

Good Luck...