Expert: Anne - 3/14/2010

Question
Anne,

I was rear ended 9/30/09 in south carolina. The other driver was ticketed 100%. I have been released from my chiropractor and physical therapy recently.
I am currently being treated by a physcotherapist for POSTTRAUMATIC STRESS DISORDER, and have been advised that the present treatment will be longterm (atleast a year) and was told this past week that I need surgery to repair a hernia from seat belt trauma.

How are these two additional treatments factored in to the settlement in the future.


Thanking you in advance for your professional opinion.

Cathie

Answer
Hello Cathie,

I am sorry to hear about your accident and the ensuing injuries. The settlement process should not start until you are completely recovered. Please see: http://www.auto-insurance-claim-advice.com/how-to-settle-auto-liability-claim.ht...

Clearly, this is not always possible and you do have to settle sooner than recovery time (i.e., the statute of limitation may expire, or you need money for medical bills). Therefore, you have to play "guess" and forecast the future. See more on future pain and suffering here:

http://www.auto-insurance-claim-advice.com/future-treatment.html

Insurance companies are very savvy and they will fight you on this. They will be afraid that you are going to recover sooner and they would be overpaying on the injury or treatment. Some will try to set up a trust or some kind of bank account that can only be access by you to pay a medical bill. If during certain amount of time you do not need the bank account, the insurance company will take the money. It's a type of structure settlement insurance companies use in situations where your medical doctor documents the future injury.

You can try to settle now for more and try to forecast what you thing it's proper, you will probably need a lawyer for that. If you can't afford a lawyer, this is a good eBook on that:

http://www.settleyourowninjuryclaim.com/

I hope this helps

Good Luck
Anne
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