AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question I was involved in a minor auto accident 5 weeks ago. This 93 year old guy pulls out in front of me, and I hit him. He was given a ticket for improper turning. I told his ins. co. that I had some minor tightening of a muscle in my neck/shoulder blade area & was gonna go to a chiroprator. Well, I was really busy at work, and just didn't make an appointment. Last week his ins. co. called me to see if I'd gone to the chiro yet. When I told them not yet, they said they'd give me $500 for pain & suffering if I'd sign off on it. I told them I thought I'd still go to the chiro. Since then the discomfort has
completely gone. I know that the prudent thing to do would be to get it checked out, just in case, but I know that I probably won't due to being discomfort free and quite busy. My question is this - should I take the $500, or should I hold out for a bit more. I'm not looking to sue anyone, or play like I've got some big injury, but as long as they're just offering me money I figure I might as well ask someone if this is the standard amount they offer or what. Thanks for your time.
Sean Barsky
Answer Dear Sean Barsky
You pose a classic question, and many injured people are in the same position: should I just take some money and risk that my injuries are very minor, or should I make the time to have it checked out just to be sure?
It is tempting to just take the $500 and run, but what about these two considerations?
First, have you done all of the physical things that you normally would do in the past five weeks, and ARE YOU SURE you did not have a general ache that night or even the next morning? It could well be that you might find some pain once you stress your soft tissues with the physical activity you used to do.
Second, what about the prospect that you sustained soft tissue injuries that could leave you more susceptible to future injury with lesser trauma?
I would think that it is best to have it checked out by a chiropractor. Either open up your own PIP/MedPay insurance claim, or just let the tortfeasor's adjuster know that you need to have your injury checked out and would he kindly pay for the visit? Here is what Dr. Settlement thinks about chiropractors: http://www.settlementcentral.com/page8010.htm.
Are you to be disbelieved if you waited 6 weeks before seeing a doctor? Not at all: tell them you were trying to handle the stiffness on your own and it largely disappeared, but you still get soreness at night or the next day if you have been sitting too long, or whatever activity causes your soreness that night or the next day.
Even if you did not see a doctor soon after the accident, even if you did not follow up with the recommended treatment or exercise, it is never too late to see a doctor or to commence the follow-up treatment or exercise program. Doctors of chiropractic are known for taking the time to learn your complete history and to create a thorough record that will tie your accident to their clinical examination results.
NOW, after all that, if you still want to settle without the safeguard of having your injury checked out, then make some written notes of how the pain bothered you in your daily life, in sleeping, etc. and be sure to PRINT THEM OUT. Mail them to the adjuster with a comment that you needed to see the doctor, but could not because you were trying to cure it yourself with rest and light exercise, but the pains did interfere with your enjoyment of life by restricting your activities.
Tell him you would still like to see the doctor, and you will do so if the pain were to show up after you do some activities later this winter. But, in order to resolve this matter amicably, you will accept $1,000 in settlement and release his insured from all responsibility, even if you should be forced to see a doctor in the near future. You could get an increase to $750, which would be OK if your injuries truly were minor.
Best Wishes,
Dr. Settlement— www.SettlementCentral.Com
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