Expert: Bennie719 - 6/4/2009

Question
I was hit by a vehicle in Dec. 2009.  I was transported by ambulance to ER (this was Christmas season btw) and given an arm sling and pain meds.  I have been under treatment until recently (can't miss too much work) including chiro and PT.  I have a rotator cuff injury that still causes me pain and I have limitations because of the injury.  My med bills are about 6K.  I had to pay someone for household help for Holidays and missed two weeks of work in Dec.  The insurance co wants me to forward info to them for settlement.  I believe pains and suffering is extra because they jacked up my Christmas and New Years and I am still having shoulder issues... any advice

Answer
Hi Renaye,
It's common practice for the adverse insurance to rush in for an early settlement.
Don't even consider stipulating a settlement amount at this time.
Never settle a claim while you are still under treatment, especially
since it may be some time yet before your Doctor can determine if
there is going to be future problems with your rotator cuff.

Every state has a statue of limitations within which you must settle the injury claim or file a lawsuit.  If you fail to meet the statue
limits, you forever lose all rights for a recovery.

Kentucky, Louisiana and Tennessee each have a 1 year statue limit.
Other states vary from 2-5, with the most common being two years.
Send me a follow up and tell me in which state the accident occurred
and I will reply with the limit for that state.

You should concentrate your treatment to Doctors and prescribed
Physical Therapy.  The Chiropractor portion of your bills will
be settled on a lower basis.

Just because it happened during the holidays will not increase the value of your pain and suffering.

I hope that you find this information to be helpful.  Your feedback by rating my response will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area