Expert: Anne - 1/15/2009

Question
I was injured by another driver in an auto accident back in July 2008. The other insurance co has accepted liability but have been very difficult to work with. I had an MRI which showed a herniated disc and a bulging disc in my neck with nerve impingement along with 2 bulging disc in my lower back with nerve impingement as well.  I also received a concussion. I had a previous carpal tunnel release surgery 12-07 and was released to full duty 2-08.  I have reinjured this.  Nerve cond test reviled carpal tunnel in that same wrist. Since the date of accident I have had server headaches daily.  I have incurred $16,000 in loss earnings and apx $7000 out of pocket medical now that my PIP of $10,000 has been exhausted. Their policy limit is $100K so I started off asking for that.  I am expecting to settle for $70,000.  Do you find this reasonable?  I am unsure how to calculate what is a reasonable request with pain and suffering.  Also do a have a claim for my husband- a friend has told me that I should since he has had to pull the wait of my part with 4 kids along with the earning loss we have incurred and have not yet recovered.  I appreciate your input and any direction you can give.
Respectfully,

Answer
Hello Bobbi

It would be very hard to determine what you are owed regarding pain and suffering without more information about your pre condition (what doctors actually said and wrote on your medical reports). It also affects in which state you live. It is possible that your state be more “liberal” in awarding you damages for pain and suffering and lost wages than other states.

Many variables must be taken into account before making a decision about the right amount you should be compensated. I am sorry I cannot be more direct, but I do not want to mislead you. Please visit:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html for more information about what kind of claims you can make and how you should argue them.

Regarding the claim for your husband, some states allow loss of consortium claims and some other do not (also depending if they claim is made directly by the husband and/or the kids). Visit:

http://www.auto-insurance-claim-advice.com/loss-of-consortium.html for more information about this subject.

I am sorry I cannot give you a straight answer. The only thing I can suggest is to talk to an attorney. To get 70K out of an insurance company is very difficult and they will not take you seriously unless they believe you can really sue them. Contact a local attorney that can help you with that. A good place to look for one is here

http://www.auto-insurance-claim-advice.com/find-a-lawyer.html

Do not get a lawyer on the link above if you have a friend or someone that has a better recommendation.

I hope this helps some,

Good Luck
Anne.