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OT, soft tissue damage?

Discussion in 'Uncategorized Threads' started by bcnu, May 9, 2007.

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  1. bcnu

    bcnu Active Member

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    As per the Intrepid post, I have a question regarding soft tissue damage. I had never been in a wreck and had never heard of that. The other persons insurance company is supposed to be getting ahold of me this week regarding a settlement for that. My wife was taken to the ER by ambulance and I had myself checked out while there because of a slightly sore back, mostly from the seat belt stopping me in my tracks. Anyway, besides the ambulance ride and hospital cost, what is soft tissue damage typically worth? They did a cat scan and several x rays on her and just xrays on me. Nothing broken. She did have a pretty big goose egg on the side of her head. Thanks and take care, John
     
  2. mono1393

    mono1393 Member

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    Whatever it is worth to you. Your Pain and Suffering, etc. It may be worth a lot more if you see a personal injury attorney. The insurance company will probably offer you about $100-$500 just to feel you out. Your attorney would have you see a physician and your wife. Probably have you go to a phys. therapist or chiropractor for about 6 mos at about 2 times per week. Then he will want to settle for about $30,000. The insurance company will probably end up settling for about $7500 with your attorney and then when he gets his fee you will end up with about $100-$500.

    Keep this in mind when you pay your auto and RV insurance next time. Good luck.
     
  3. Dennisw

    Dennisw Member

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    Insurance companies will usually settle for 1-3 times the doctor bills, most of what i have seen for soft tissue injury, Without an attorny, companies normally pay $1500-4000, after all the bills are paid. If you do get an attorny it may drag on far longer then you would expect. I personally settled several years ago, $1300 in dr bills, and $3000.00 in my pocket, a close friend of mine last summer, paid all the dr bills and $2200 in her pocket.
     
  4. southpark

    southpark TS Member

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    Do yourself a favour and speak with a personal injury attorney in your jurisdiction BEFORE you sign anything and BEFORE you say anything, or anything else, to either your, or their insurance company.

    If you don't, and you wind up with nerve damage later you will likely be SOL.
     
  5. School Teacher

    School Teacher Well-Known Member

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    As southpark advises, you need to speak to a personal injury attorney. Don't sign anything or talk to the other person's insurance company until you talk to your attorney.

    My pregnant wife and I were in an accident in 1980 in which a person ran a stop sign and we hit them broadside. The wife was in the hospital 9 days and suffered a lot of pain and worry. The accident totaled our Olds 88 and a full size Ford.

    My wife had dental and facial injuries. Fortunately, the baby was not injured. The wife and I also needed surgery later to correct broken noses, teeth, etc. We were wearing seat belts but still hit the steering wheel and door pillar and windshield. This was pre air bag.

    The bottom line was that we had a good attorney and a solid case with large bills. However, the driver had no assets other than insurance so we had to settle for policy limits of about $30,000. The attorney kept one third for his fee.

    To this day, my wife has pain and worry from this accident and some facial scars.

    There are many, many issues involved so you need a good attorney. Whatever the settlement, it is never enough. Years later, you may still have physical and mental pain.

    Sue the bastards and hope that they have some assets.
     
  6. bcnu

    bcnu Active Member

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    Well, they live in a mobile home right off the highway that they pulled out in front of me on. They have Progressive insurance and were driving a 1995 Taurus so I doubt if they have a lot.

    I would not be looking to get a giant windfall. But after paying for insurance forever and never using it...

    Just want to be treated fairly without taking a screwing.

    Have another court thing going on at this time too. As some of you may remember, my youngest daughter was attacked and sexually assaulted the weekend before Thanksgiving. One Full order of protection and at least two violations caught on video tape later and we are still where we started out 7 months ago. Can't seem to get anything done there either. We will see soon I suppose.

    John
     
  7. southpark

    southpark TS Member

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    John, the following is NOT legal advice from me.
    I am not your lawyer.

    It would be no fun to find out that you've obligated yourself to a lawyer who will take 1/3 or more so perhaps you could call them informally and WITHOUT discussing the accident, ask them how much their liability policy is.

    Moreover, check your own policy; do you have underinsured motorist coverage and how much is that?

    How do you know how seriously you are injured?

    How are you sure your injuries are serious?

    Did one doctor tell you that?

    Don't you hear doctors cry for legal protection from malpractice suits and that malpractice insurance rates are making it impossible for them to earn a living?

    Do you think that is the case because they DON'T make mistakes?

    How long is the statute of limitations in your state?

    Is it two years?

    Have you considered waiting a while to let the swelling go down and be sure that nothing else shows up and you truly make a full recovery?

    Are you sure that a disk in your neck has not bulged out and is now closer to your spinal cord and nerve roots going out to your arms and may contact nerves in the future causing unbearable pain?

    Is your insurance company going to raise your rates even though you may or may not have been at fault for the accident?

    Is this going to cause you recurring economic harm as the years go by?

    Is your car going to be worth less even though it gets fixed because a damaged car is not worth as much as an undamaged one, even after repairs?

    Have you found out how much diminished value your car will have?

    Who is going to compensate you for that?

    Have you or your wife missed any work as a result of the crash?

    Have you been compensated for your lost wages?

    Have you been unable to have relations with your wife as a result of the accident?

    Has your spouse been compensated for lack of consortium?

    Just a few thoughts off the top of my head John. If you haven't covered every one of these already maybe you should talk to someone.

    And for goodness sake STOP SAYING YOUR INJURIES ARE NOT SERIOUS.

    What if you wake up tomorrow morning with a pain in your neck and your hand is going numb?

    THE DEFENDANT, HIS INSURANCE COMPANY, AND EVEN YOUR_OWN_ INSURANCE COMPANY IF YOU HAVE UNDERINSURED COVERAGE ARE GOING TO ARGUE "WE ARE NOT LIABLE. JOHN TOLD EVERYONE AND THEIR BROTHER THAT HE WAS NOT HURT IN THE ACCIDENT. HE PROBABLY HURT HIMSELF FALLING OFF A LADDER AT HOME."

    Yes I am yelling, hush up!
     
  8. Dennisw

    Dennisw Member

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    Southpark....
    and yet you wonder why your rates go up so much. Because everybody is trying to get more than they deserve....
     
  9. southpark

    southpark TS Member

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    My rates?

    Is bcnu trying to get more than he deserves?

    Am I suggesting that?

    I don't wonder why my rates go up -- what do you mean by "my rates"?
     
  10. bcnu

    bcnu Active Member

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    Thanks for the tips. Off to bed to sleep on it. Have a good night everyone. And take care. John
     
  11. southpark

    southpark TS Member

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    Thank you Ajax, you're exactly right. That's one of the reasons why I was shocked by dennisw's so-called "advice".
     
  12. bcnu

    bcnu Active Member

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    One week ago today. I think that I will just wait, the adjuster was supposed to get back with me the other day but has not as of yet done so. We have already done the deal on the truck and it went well. Still waiting on the hospital bills right now anyway. Thanks again, John
     
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