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View Poll Results: Take the Settlement or Lawyer Up?
Take the settlement and fix your transmission 0 0%
Ask Insurance company to double settlement, dont settle for anything less than $5000 for lifelong pain and suffering 0 0%
Go to a lawyer and take the chance of a slighly bigger settlement in court 22 100.00%
Voters: 22. You may not vote on this poll

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Old 02-13-2007, 02:59 AM   #1
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Default Should I get a lawyer?

I'm trying to deal with an insurance company since I was rear ended 2 months ago. The damage to the car was paid for already, thats been settled. what has not been settled is the injury part.

I spent about $1000 at the chiropractor and some more in the ER. Basically the insurance company offered me $3000 today that includes "GENERAL" Damages..aka pain and suffering.

- I still have back pain on a daily basis, I've never had back problems before
- I require a special office chair at work (at $500) or I get really bad cramps in my back
- I will continue to have back problems for the rest of my life because of the accident

Basically I have a loose disc in my back and the cartilage is destroyed with no sign of growing back, from the doctors I've spoke with surgery would be risky and may cause more problems later on, the recommendation is to "just live with it".

I've not lost any work or anything due to the accident so I know the pain and suffering is just going to be that...they are putting a number on reduced quality of life.

I did have a pre-existing leg problem before the accident which I'm sure they would argue in court is what my problems are from since the damage on my car was minimal. Thing is I never had back problems after I screwed up my leg.

So I'm trying to decide what to do or what to say to the adjuster

They've already offered $3000 which will be more than enough to pay for my medical bills associated with the back problems...does it hurt to ask for more? What should I say? Call up the adjuster or write a letter?
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Old 02-13-2007, 03:23 AM   #2
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Have been there, GET A LAWYER....NOW

ken
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Old 02-13-2007, 06:09 AM   #3
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I agree with ken. Get a lawyer and wait out the insurance company . They'll want to get this off of their books before the end of e year
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Old 02-13-2007, 06:22 AM   #4
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lawyer. definitely
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Old 02-13-2007, 08:41 AM   #5
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If you can get the Docs to say you will have lifelong pain, you should do quite well. Will the doctor testify that that you did not have problems, especially the ones who have worked on your leg? Lastly, I remember you mentioning your rear-ender not too long ago. If I remember right you were stopped at a light and someone hit you. That would look good to a jury, especially if she has a stupid reason for not seeing you stopped.
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Old 02-13-2007, 09:09 AM   #6
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If you are going for more money do it because of future expenses. You can't assume the medical bills for your back injury are over. I would say get a lawyer, talk to doctors, see if you can get more to cover the future back related bills; pain meds, treatments, or other special needs things like the chair. You could take the settlement now but what if you find out in 2 months that you can't stand to sleep in the bed you have because of your back?
You will probably find that certain tasks that you used to do all day long will cause your back to hurt the next day.
My dad had a crushed disc about 15 years ago. They did some work on it and it was OK for a while. Now he is finding more and more that there are limits on what he can do before his back ends up quite sore for a day. Even things like painting a room in the house.
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Old 02-13-2007, 09:21 AM   #7
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My Buick was paid for immediately. My injuries were handled by a lawyer. I have long-term back pain. Every day.

I got my medical bills paid for plus 15k in my pocket. Unfortunately, at the time, hp only paid 75% of my wages on disability, and not including my shift bonus. So my pay was actually 35% low while I was out of work. The 15k barely covered that.

I'd have been in better shape $$$ wise if it happened now. I get 100% pay on disability now.

Long and short of it is that your consultation will be free. See 2 or 3 lawyers. Let us know what they think.
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Old 02-13-2007, 10:02 AM   #8
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Hans!!!! GET A LAWYER!!

When I got in my bad wreck in 2001 my back was fu**ed! I have spinal damage and nerve damage. They only offered me $2,500. I told them to shove it and got a lawyer for the sinple reason of my doctor telling me that by the time I'm 45 I'll be lucky if I can even walk. I was 17 when this accident happened. And 3 months later, so much arthritis had built up that I basically had the back of a 40 year old woman at the age of 17! Back injuries just get worse with time. Go for the gold man, don't settle for the bronze. Needless to say after I got me a lawyer, I walked out of court with $15,000 after lawyer fees.
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Old 02-13-2007, 11:09 AM   #9
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Wow, that much pain and future problems and you only got $15K?
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Old 02-13-2007, 11:16 AM   #10
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I have permanent paralysis in my left leg. It varies. It'* worse at the ankle than the hip. I wake up with back pain every day. It'* just part of my life now. I don't think of it much.

(btw, this is the accident that totalled my LT1 94 Buick Roadmaster and got me into the SSEi).

Hans, don't expect a big bankroll. But you can do better than 3k. It'll take about a year.

Your total settlement will depend alot on several things:

1. Your attorney.
2. Their insurance company and attorney.
3. Your medical records.
4. Continuing medical treatment (this is a MUST). Save your records and prescriptions.

The long and short of it is that insurance companies are ALOT tighter than they used to be. ALOT. Many major underwriter'* lost a ton on 9/11, and tightened their belts across the board to recover.

In my case, I was lucky that I had an injury that showed up very clearly on an MRI, and had surgery shortly afterwards. Many soft-tissue injuries really can't be proven. If yours is one of these, you're going to have a tough battle ahead of you.
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